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.

According 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 tube.

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

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