http://www.ppl-law.com/vns_litigation.html

Please check this web site out, and sites on this page

Jennie

OH Yeah! GREAT find this gets a sticky!

Please read their page

:D I've got inside scoop on these attorneys and they are pretty good.

Dispatch

Are these the attorneys in Philly? Also, could this lawsuit be for anyone who was hurt by the VNS, whether or not is was input for TRD or Epilepsy? Please keep me informed as I am a fighter for the rights of my daughter Lauren and unless I die, I will never give up trying to make Cyberonics take responsibility for what their product did to her. Kathie mom of Lauren

I would hope that these attorneys would also take on those of us here on the forum who have VNS implanted for epilepsy. I personally would like to see it possible to have Cyberonics pay for VNS explantations.

Good question...I'm not sure...the ad says TRD, but a call to them would answer that question : g :

OH, and I noticed the smiley behind my screen name was changed in my above post...WHO DID THAT??? I looked thru the smiley's and didn't find that one, so who's holding out on the detective smiley? HAHA!!

Dispatch B)

This is the group Mick and I have been in contact with. Unless I have seriously misunderstood something...they have put that class action suit on hold due to the Riegel v. Medtronic stuff.

If you guys find out differently....let us know!

:D

There is a loop-hole in the Reigel VS Medtronics decision. What I mean by that is there are some things the Supreme Court did not rule on regarding litigation against device manufacturers.

B)

Hmmm, interesting news Dispatch. Could it be that medical device manufacturers are going to be held accountable? I can't let it go without saying that sometimes I really think the tail is wagging the dog in regards to this issue. The fact that money has been the driving force for these manufacturers, I can't help but wonder how much they would spend to keep patients in the dark as to knowing those loopholes.

:D HI Gel!

You've mentioned some good points.

The way I am understanding it, the Supreme Court did not rule on breach of warranty, product liability, and I also think negligent manufacturing-like if the person putting the device together puts a wad of gum where part A is supposed to go. I will stand corrected if I'm wrong. I think in some aspects device manufacturers can and will be held responsible providing the plantiff/attorney proves their case.

B)

This info is coming from a fuzzy place in my mind...a conversation with someone I had a long time ago.

I also think there is some possibility of a class action suit regarding false advertising. It would be so difficult, because much of what Cyberonics promised was done verbally, one on one with a potential client. Not much in writing.

The two areas that affected me:

1) They told me as I know they told MANY others that the total cost of device, hospital, doctor's fees would be about $25,000

2) They told me ONLY the battery needs replacement every 3-8 years. I spefically asked them whether there would need to be a new generator and they said NO. I made notes at the time. I know that would still have required surgery...but since they charge $25,000+ for the generator...that's a huge chunck of $$$ above what they said.

We will see what the future brings...Oreo

It's understandable that each hospital creates their own mark-up and even a ball-park guess-ta-mation is acceptable, but when the actual costs are triple, quadruple and more, then it's no longer a "rough guess" It's deliberate misrepresentation of the actual costs. If you get your car worked on in the state of Nevada and you get a written estimate, they cannot go over that estimate by more than $15. Sure would be nice to have that kind of compliance with the medical industry. (baring complications, of course)

Somewhere down the road, this may become an actuality, seeing how meical costs are staggering. I don't know if there are any regulations on the amount of mark-up.

:D HI Ya Oreo & Birdbomb...

I was told about the same as you, as well we many others here, and many more we don't even know about. But, like you said, it was verbal, so it could possibly be hard to prove. On the other hand, in their marketing and in many articles, it quotes the VNS and implanting charges as $25,000. So, with that in mind, it may help making that point fairly easy to prove.

I am hoping some day soon there will be regulations regarding markup.

To make sure I was understood in my earlier post, the way I understand it, some product liabilities were not covered by the Supreme Court ruling. If anyone has a chance to read the Reigel VS. Medtronics ruling, it is very informative and interesting.

Take care!
B)

My physchiatrist is thrilled with my outcome with the VNS. All the while I knew he was getting a kickback from Cyberonics.

:D HI Labrat!

OMG really?

B)

Really, I was implanted in 2005. That was in the early stages of the VNS. They were getting kickbacks to push the product.

I even have friends that use the same doctor, they were implanted during a trial and PAID to do it!! Implanted for free and paid monthly to have it.

:D HI Labrat!

So they paid to be adjusted while they were in the trial or after? I thought that Cyberonics paid for all of that while you were in the trial.

B)

Cyberonics DID pay them and for the adjustments.

:D HI Labrat!

OK Gotcha...I misunderstood ya...

B)