The Vartazarian Law Firm

Hospital facing product liability claims

When a child must undergo surgery, parents in California and around the nation are understandably concerned. Even in routine procedures, there is always a possibility of a surgical error or other complication. In some situations, there are issues with the equipment used in the surgery or recovery. A hospital in another state must deal with a possible product liability lawsuit after several children became ill following routine surgeries.

The situation arose following a report from the Centers for Disease Control and Prevention in Oct. 2016. The report stated that the devices utilized to control patients' temperatures were potentially contaminated. Over 250,000 cardiopulmonary bypasses are done in the country annually and the heater-cooler devices are often used. Patients at the children's hospital began showing signs of infection around nine months after the CDC warning was published. The hospital reports that around a dozen children have been infected with mycobacterium abscessus.

Hospital spokespeople claim that appropriate disinfecting techniques were utilized on the equipment after the CDC warnings were issued. However, the infection still occurred in the children involved. The hospital has discontinued use of the device and paid for the treatment the children are receiving. Reports show that all the children are responding to treatment. Attorneys representing the children are also considering a lawsuit against the manufacturer of the device.

It is frightening when a child becomes ill in any situation. It is even harder to accept when the illness comes because of a problem, failure or misuse of a company's product. When individuals or family members have suffered due to product malfunction, someone may choose to file a product liability lawsuit. A California personal injury lawyer can help a family pursue litigation. A successful outcome in a case can provide families with a monetary settlement that would help offset hospital bills and other medical expenses.

Source:, "Parents of infected children consider lawsuit against Children's Hospital, manufacturer", Rob Masson, Sept. 12, 2017

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