NEW ORLEANS - A woman claims a high-tech medical device implanted in her left buttock leaked battery acid, causing discomfort including redness, pain and swelling in the area of the implant.
On or about June 26, 2017, as stated in her complaint, Barbara Barnes, on the advice of her physician, allowed a neuromodulation device to be implanted. She was told by her doctor that this implant would relieve her constant pain from an injury that occurred to her right shoulder.
Dr. Neil Jolly in Metairie performed the surgery at St. Jude Hospital, with a representative of the manufacturer of the device standing by. As revealed in the complaint, Advanced Neuromodulation Systems Inc., the manufacturer of the neuromodulator, is a wholly owned subsidiary of St. Jude Medical.
Almost three months after having the device implanted, on Aug. 19, 2017, Barnes experienced discomfort. She entered the emergency room at St. Jude’s and was given some antibiotics to eradicate a diagnosed infection. However, the antibiotic treatment failed to have a favorable effect on the infection and pain Barnes was experiencing, so her doctor decided to remove the implant on Sept. 22, 2017. Upon removal, it was discovered that the neuromodulator had been leaking battery acid into the patient’s body.
As a result, Barnes’ attorneys filed a complaint with the U.S. District Court for the Eastern District of Louisiana on Aug. 9. In her complaint, the plaintiff asks the court for ”redhibition damages under Louisiana’s Redhibition Act, including refund of the purchase price, consequential damages and attorney’s fees.”
Through this complaint, Barnes is suing St Jude Medical Inc., and Advanced Neuromodulation Systems Inc., for “all special and general damages reasonable in the premises, including but not limited to compensation for economic and non-economic losses, including, but not limited to medical expenses; past and future pain and suffering, mental anguish and emotional distress.”
Plaintiff also requests a trial by jury and is represented by Silvestri & Savoie of Metarie.