Smiths Medical Bivona Tracheostomy Tube Injury & Wrongful Death Lawsuit Lawyers

How Smiths Medical’s Defective Tracheostomy Tubes Are Putting Lives at Risk

Smiths Medical has recently issued a recall for specific lots of their Bivona Neonatal/Pediatric and Adult Tracheostomy Tubes due to a significant manufacturing defect that could lead to severe health risks or death. This defect, which affects the flange—the part of the device responsible for securing the tube—can result in tearing, potentially causing the tracheostomy tube to become displaced or decannulated. The U.S. Food and Drug Administration (FDA) has identified this recall as a Class I, the most serious type, indicating that continued use of the defective product poses an immediate risk of serious injury or even death.

The tracheostomy tubes involved in this recall are used to provide direct airway access for patients requiring long-term ventilation. These devices are critical in maintaining an open airway, particularly for vulnerable populations like neonates and pediatric patients. When the flange tears, the tube may lose its secure positioning, leading to a compromised airway. This can cause a failure in proper ventilation, the loss of airway protection, and in extreme cases, death. To date, there have been 35 reported injuries and two deaths related to the use of these defective tracheostomy tubes.

Smiths Medical has urged all users to immediately stop using the recalled products and dispose of them according to institutional procedures. The company has also provided instructions for returning the devices and obtaining replacements. Despite these actions, many patients and families are left grappling with the physical, emotional, and financial fallout from using these dangerous devices.

The Harm Caused by Defective Tracheostomy Tubes

The use of a defective tracheostomy tube is a life-threatening situation. For patients who rely on these devices, a malfunction can lead to a sudden loss of airway access, which may result in respiratory failure. The harm caused by these defective tubes is particularly concerning for neonatal and pediatric patients, who are often more vulnerable to adverse health outcomes due to their smaller size and ongoing developmental needs.

In the most severe cases, the consequences of a faulty tracheostomy tube can include brain damage due to oxygen deprivation, prolonged hospital stays, and, tragically, death. Even in cases where the issue is identified and addressed promptly, patients may experience complications that require emergency interventions or corrective surgeries. Families are left to deal with the physical and emotional trauma of watching a loved one struggle with complications caused by defective medical equipment.

Furthermore, the injuries sustained from these defective devices may result in long-term medical needs, including increased dependency on medical care, rehabilitation, and, in some cases, permanent disability. The financial strain of managing these ongoing medical expenses, along with the emotional toll of caring for an injured loved one, can be overwhelming for many families.

Filing a Lawsuit for Tracheostomy Tube Injuries

Victims harmed by defective medical products like the recalled Bivona tracheostomy tubes may be entitled to seek compensation through a product liability lawsuit. These lawsuits hold manufacturers accountable for the harm their products cause when those products are defectively designed, improperly manufactured, or sold without adequate warnings. In this case, Smiths Medical could face claims that the defective design of the flange or the manufacturing process led to severe injury or death.

Filing a product liability lawsuit generally involves several critical steps. The first step is consulting with an attorney who has experience handling cases related to defective medical devices. During the initial consultation, the attorney will review the facts of your case, including medical records, the timeline of events leading to the injury, and any correspondence with the manufacturer regarding the recall. The attorney will also investigate whether the manufacturer took appropriate steps to ensure the safety of the tracheostomy tubes before they were distributed.

Once the attorney determines that you have a viable claim, they will file a complaint on your behalf in court. This complaint will outline the specific allegations against the manufacturer, such as claims that the product was defectively designed, improperly manufactured, or sold without adequate warnings of potential risks. After the lawsuit is filed, both sides will engage in the discovery process, during which evidence is gathered and exchanged. This phase may involve obtaining internal documents from the manufacturer, expert testimony on the device’s design, and depositions from individuals involved in the case.

Throughout the litigation process, the attorney will handle negotiations with the manufacturer’s legal team, working to secure a fair settlement. Many product liability cases are settled out of court, but if a settlement cannot be reached, the case may proceed to trial. A judge or jury will then decide the outcome based on the evidence presented.

It is essential to have legal representation throughout this process. Medical device manufacturers often have powerful legal teams, and proving liability in a product defect case requires in-depth legal and technical knowledge. An attorney will not only gather the necessary evidence but also advocate on your behalf, ensuring that your rights are protected and that you receive the compensation you deserve.

Recoverable Damages in a Product Liability Lawsuit

If you or a loved one has been harmed by a defective tracheostomy tube, you may be entitled to various types of compensation through a product liability lawsuit. The damages available in these cases typically include:

• Medical Expenses: This covers the cost of emergency care, surgeries, hospital stays, rehabilitation, and any future medical treatment related to the injury. In cases where the injury has led to long-term health issues, compensation may also include the costs of ongoing medical care.
• Pain and Suffering: Victims of defective medical devices often endure significant physical pain and emotional trauma. Compensation for pain and suffering addresses the impact that the injury has had on the victim’s quality of life.
• Lost Wages: If the injury prevents the victim from working, they may be entitled to recover lost wages. In cases where the injury leads to permanent disability, compensation may also include future lost earnings.
• Wrongful Death: For families who have lost a loved one due to a defective tracheostomy tube, a wrongful death claim can provide compensation for funeral expenses, loss of financial support, and loss of companionship.