Compensation awarded for shocks received from implanted cardiac device

Posted by Patricia Wakeford on

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Mr J was born with a congenital heart defect. Surgery was required soon after his birth. He was kept under regular review and managed to live as any other child; enjoying playing with friends and going to school.

A few years later he began to have episodes of ventricular tachycardia. Initially these were controlled with medication. However, the situation deteriorated with other ECG anomalies developing. It was decided in his early teens to implant a cardiac device as there was a risk of sudden death. The procedure went well and Mr J was relieved that this device would protect him and shock his heart if necessary.

Two years later Mr J felt a thumping sensation on the back of his chest. He was very frightened when he realised that this was his implanted device. These shocks occurred on two further occasions; one of these in hospital. Mr J thought he was going to die. The implanted device required removal and replacement. A recall had identified issues with a part of the particular device.

Mr J has lost his faith in the device and is in a difficult situation. He knows that he needs it in case his heart requires a genuine shock; however, he fears more inadvertent shocks.

He instructed Patricia Wakeford from BL Claims Solicitors to manage a product liability case. A settlement was recently agreed following commencement of Court proceedings, that takes in to account the psychological issues that still remain as well as care, expenses, therapies and loss of earnings. Mr J is having treatment to help him overcome his fear of having further shocks. He plans to go to college and resume his studies after the therapy is completed.

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About the Author

Patricia is a Senior Associate, in our Clinical Negligence team, and is also a qualified midwife with many years of experience working in the NHS.

Patricia Wakeford
Email Patricia
023 8085 7310

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