Health product manufacturer sued after alleged failure of implant

By Kyle Barnett | Mar 6, 2014

GRETNA – A woman allegedly suffering from numerous chronic health conditions is suing a health product manufacturer after an intravenous port failed a few months after being implanted in her resulting in an emergency procedure that required its removal.

Melissa Demary filed suit against Angiodynamics Inc., East Jefferson Parish Hospital District No. 2, East Jefferson Parish Hospital, Kelvin Contreary M.D., Pamela Zimmerman R.N., Nurse Ameris Hollins, Nurse Kay Bourg and their insurers in the 24th Judicial District Court on Feb. 18.

Demary claims that she was suffering from chronic obstructive pulmonary disease, hypertension, deep vein thrombosis, diabetes mellitus and pulmonary embolism when she underwent a procedure on Oct. 20, 2012 to insert an AngioDynamics port into her into her veins for intravenous use. The plaintiff asserts that on Feb. 16, 2013 she went to Ochsner Baptist Medical Center with complaints of severe chest pain and shortness of breath and reporting that she had heard a pop in the AngioDynamics port before the pain began. Demary alleges that an X-ray of the area showed that a tube on the intravenous port had fractured and she was transferred to another hospital where the broken portion of the port was removed. However, the whole device was not able to be removed until three days later after she stabilized.

The defendant, Angiodynamics Inc., is accused of manufacturing and selling an unreasonably dangerous product or composition, manufacturing or selling a product of an unreasonably dangerous design, failing to warn of the product’s unreasonably dangerous condition in violation of state law, failing to provide a safe product and failing to provide an alternative design for the product.

The healthcare provider defendants are accused of failing to properly install the port, failing to identify problems with the device and failing to properly monitor the device.

An unspecified amount in damages is sought for pain and suffering, loss of enjoyment of life, medical costs, disability, disfigurement, emotional distress, medical expenses, punitive and exemplary damages, judicial interest and cost of suit.

Demary is represented by Joyce D. Young of Chalmette-based The Law Office of Ginart & Jones.

The case has been assigned to Division I Judge Nancy A. Miller.

Case no. 735-628.

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