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LOUISIANA RECORD

Friday, November 22, 2024

Plaintiff Alleges Negligence Against Medical Device Companies Over Defective Implant

Federal Court
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Susie Morgan, District Judge at USDC Eastern District Louisiana | https://upload.wikimedia.org/wikipedia/

A recent lawsuit filed in the Eastern District of Louisiana raises serious allegations against two major medical device companies, accusing them of negligence and various defects related to a vascular access device. On September 26, 2024, Don Ryan filed a complaint against AngioDynamics, Inc., and Navilyst Medical, Inc., claiming that their product, the SmartPort implantable vascular access device, is defective and has caused him significant harm.

Don Ryan's legal battle against AngioDynamics and Navilyst Medical highlights several critical issues with the SmartPort device. According to the complaint, Ryan underwent multiple surgeries involving the implantation of this device at East Jefferson General Hospital in Metairie, Louisiana. The first implantation occurred on January 3, 2013, but soon after, the port was found to have a fractured catheter requiring removal and replacement. A subsequent implantation on April 28, 2014, led to further complications when Ryan was diagnosed with thrombus in March 2015. These incidents prompted another surgery for port removal by Dr. Gregory Groglio at Lakeview Regional Medical Center.

Ryan's complaint accuses AngioDynamics and Navilyst Medical of multiple counts of wrongdoing under Louisiana law. The charges include negligence in designing and manufacturing the SmartPort device with an unsafe concentration of barium sulfate that allegedly leads to fractures and thrombus formation. The lawsuit also claims breaches of both implied and express warranties by failing to ensure that the product met safety standards or provided adequate warnings about its risks. Additionally, Ryan alleges fraudulent concealment by the defendants regarding known dangers associated with their product.

The plaintiff seeks comprehensive relief from the court due to his alleged injuries from using the SmartPort device. He demands compensatory damages for pain and suffering as well as economic losses incurred due to medical expenses. Furthermore, Ryan requests punitive damages on grounds that defendants acted with gross negligence and malice by continuing to market a dangerous product despite being aware of its defects.

Representing Don Ryan are attorneys David M. Geerken from Dudley DeBosier Injury Lawyers based in New Orleans and R. Andrew Jones from Cory Watson P.C., located in Birmingham, Alabama. The case Case No.: 24-2342.

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