NEW ORLEANS – A widow
and her adult children have filed a suit against a medical device maker
over allegations a tracheostomy tube's defects caused a man's death.
LaVon P. Berthelot, Dean M. Berthelot, Jon D. Berthelot and Sean H.
Berthelot filed a complaint on March 15 in the U.S. District Court for
the Eastern District of Louisiana against Andreas Fahl
Medizintechnik-Vertrieb GmbH alleging wrongful death.
to the complaint, the plaintiffs allege that on May 16, 2016,
plaintiffs' decedent Henry J. Berthelot intended to remove for routine
cleaning the inner cannula of defendant’s Duravent XL Model 11201-07
tracheostomy tube when suddenly and without warning, the outer/larger
cannula failed by separating from the neck flange. The suit states the
decedent had difficulty breathing and died before the emergency medical
technicians were able to resuscitate him. Plaintiffs allege they
suffered loss of decedent’s love and affection, society, companionship,
services and consortium.
The plaintiffs hold Andreas Fahl
Medizintechnik-Vertrieb GmbH responsible because the defendant allegedly
negligently designed, manufactured and sold the defective tracheostomy
The plaintiffs request a trial by jury and seek judgment
against defendant in all amounts reasonable under the premises, plus
interest, all costs of these proceedings and all appropriate legal and
equitable relief. They are represented by Irving J. Warshauer of
Gainsburgh, Benjamin, David, Meunier & Warshauer LLC in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-02140