DeShaw Law Firm is accepting cases as a Biotronik Pacemaker Lawyer for people who had unnecessary Biotronik pacemaker surgery.
In the first trial regarding this issue in the country, a New Mexico District Court jury found German pacemaker manufacturer Biotronik negligent in the case of Tommy Sowards, who claimed he was unnecessarily implanted with a pacemaker as a result of a conspiracy among Biotronik, a Biotronik salesman, a hospital and his cardiologist. That lawsuit disclosed a scheme where Biotronik paid improper kickbacks to a cardiologist including bonuses for every patient outfitted with a pacemaker, “training fees” and payments for clinical studies – payouts that more than tripled the amount the doctor charged per procedure. The lawsuit alleged that Sowers was improperly told he needed a pacemaker that he did not need. Sowards said that after the pacemaker surgery, his new doctors informed him that the pacemaker wasn’t necessary. It is now turned off, but his current physician says it cannot be removed without causing damage to his heart. The jury was so upset by the greed and violation of the patient’s trust, that they returned a verdict of $2.3 Million in compensatory damages, and $65 Million in punitive damages as a penalty for Biotronik’s conduct.
Biotronik, a German medical device company, has its US headquarters in Lake Oswego Oregon. This unnecessary surgery and kickback scandal follows another one involving improper kickbacks for medical devices to an Oregon doctor who was engaging in the highest rate of spinal surgeries in the US, during which he improperly inserted spinal hardware in people’s spines being sold by his girlfriend for medical device distributor Omega Solutions.
In regard to this most recent issue regarding the improper Biotronik pacemaker surgeries, there is some evidence suggesting that there were an abnormally high number of operations involving Biotronik pacemakers in parts of Oregon, most notably Biotronic pacemaker surgeries in Salem Oregon. In fact, the Oregon Department of Justice has already fined two Salem doctors for failing to disclose kickbacks from Biotronik to their patients. In response to this action, The Oregonian has noted that “the practice [of financially incentivizing doctors to place medical devices in patients] is tolerated by the biggest hospitals in the state who do not require patients be informed of such payments.” We believe this is wrong, particularly in cases where placement of the device is both unnecessary and can result in permanent injury or death of the patient. The 15-month long battle between DOJ, the doctors and Biotronik in Marion County Circuit Court has been sealed, according to public filings in the Oregon Judicial Information Network.
Biotronik’s payments to doctors has been effective in getting more of their devices implanted in patients. Biotronic’s kickbacks to doctors in Nevada led to a sudden growth in sales, and triggered a federal investigation, according to reports in the New York Times.
Dr. DeShaw is accepting cases as a Biotronik Pacemaker Lawyer either as trial counsel, or co-counsel, for both Oregon Biotronik Pacemaker cases, and local counsel for national Biotronik Pacemaker cases where the Biotronik pacemaker surgery was performed when clinically unnecessary.
If you believe you had a Biotronik Pacemaker surgery that was unnecessary, call (503) 227-1233 or (866) THE-FIRM for your free consultation.