How You and Your Family Can Receive Full Compensation for your Endologix, Inc. Endovascular Systems Injuries
Nationwide lawsuits are being reviewed against Endologix, Inc. for injuries patients have suffered in connection with its AFX endovascular AAA systems (AFX). These medical devices were designed and intended to assist individuals with certain conditions affecting the aorta in avoiding possibly-fatal health complications. These devices, however, are potentially dangerous to patients who may be relying on them to protect their health. Just this year, the Food and Drug Administration (FDA) issued a Class I recall – the most severe and immediate type of recall that can be issued by the FDA. Injuries connected to these affected devices can leave patients and their families reeling from hundreds of thousands of dollars in unexpected medical and hospitalization costs, lost income, and other similar losses.
Parker Waichman LLP is examining and evaluating the claims of individuals who feel that their Endologix, Inc. AFX device caused them harm or injury. Our team of dedicated legal professionals and attorneys ardently believes that companies like Endologix, Incl. which create dangerous medical devices should be held accountable to the patients who suffer harm from using them. Contact Parker Waichman LLP’s office to learn more about our team and how we can assist you and your family in finding justice and compensation for your injuries.
Important Information About Endologix, Inc.’s AFX Endovascular AAA Systems
The AFX devices subject to this FDA recall are designed to treat a condition referred to as “AAA”: abdominal aortic aneurysm. This condition arises when the integrity of the wall of the aorta (the body’s largest and one of the most significant blood vessels) is weakened or compromised. As the aneurysm increases in size, a person may notice a “pulse” or pulsating sensation near the belly button and/or constant pain in the abdomen and/or back. If the aneurysm grows even further and ruptures, individuals may experience incredible pain, dizziness, low blood pressure, and nausea and vomiting. Death can also result from a rupture in the aorta due to severe internal bleeding.
The AFX devices subject to the FDA’s recall are comprised of a metal stent surrounded by a polymer tube. The device is inserted into the aorta at the site of the aneurysm as part of an endovascular aneurysm repair (EVAR) procedure. When successful, the patient’s blood flows through the device and does not further strain or weaken the aneurysm. In this way, an AFX device reduces the likelihood that an abdominal aortic aneurysm resulting in a rupture will occur.
The FDA’s recall was prompted by fears that a defect in materials used in constructing this device would permit blood to continue to flow past the aneurysm despite the device’s implantation. This is known as a Type III endoleak. When this occurs, patients would still be at risk of a potentially-fatal abdominal aortic aneurysm event even though a device to prevent such an occurrence had been inserted. The patient may be lulled into a false sense of security and may miss signs that his or her abdominal aortic aneurysm is worsening until it is too late.
This is not the first AFX device manufactured by Endologix, Inc. to have known problems. An earlier version of the AFX device was manufactured using a graft material called Strata. The majority of the documented endoleaks have occurred in connection with this material. These devices have not been manufactured since July 2014, and the use of AFX devices with Strata material was discontinued as of December 2016. Since July 2014, Endologix, Inc. has used a new graft material called Duraply in its AFX devices. However, there is insufficient data to conclusively establish whether this new material is any safer than the Strata material.
You May Have a Right to Monetary Compensation Through an Endologix, Inc. AFX Injury Lawsuit
People hurt by the medical complications arising from a defective AFX device may have the right to file suit against Endologix, Inc. and recover compensation for the financial cost and expense of these injuries. This means that compensation may be available to reimburse injured patients for the cost of:
- Additional hospitalizations, surgeries, and doctors’ consultations and visits;
- Time missed from work to attend appointments, procedures, and to recover from any necessary medical treatment;
- The difference between wages the person would have earned and the wages he or she is able to earn if the person is not able to return to his or her former employment as a result of his or her AFX device-related injuries;
- Additional stents or medical devices and the cost of implanting those devices;
- The “toll” that experiencing physical pain and discomfort, mental anguish, depression, and other similar physical and mental/emotional effects of one’s injuries;
- Not being able to participate in one’s own life fully or the lives of friends and family members as the person was once accustomed to doing; and/or
- Any other loss, harm, or injury that can be quantified and expressed as a monetary figure and that is caused in whole or in part by a defective Endologix, Inc. AFX device.
In a successful lawsuit, a court may order Endologix, Inc. to pay this compensation award. Additional parties (such as a health care provider) may also be ordered to pay compensation (or contribute to the overall compensation order) if they played a role in causing a person’s AFX device-related injury (such as by improperly inserting the device or failing to provide appropriate warnings to the patient before the EVAR procedure).
Recovering any amount of compensation is not automatic, however. Only those claims that are accompanied by evidence showing that the injured patient did, in fact, have an AFX device implanted in him or her and thereafter suffered some harm as a result of the AFX device are eligible to file a lawsuit against Endologix, Inc. for compensation. In order to prevail, the injured party will need to come forward with evidence that tends to show it is more likely true than not that:
- His or her Endologix, Inc. AFX device had one or more defects. These defects may include design defects (such as device plans calling for the use of an inferior graft material), manufacturing defects (such as a device that does not conform to the device’s design blueprints), and/or warning defects (such as occur when a patient is not provided all of the available information about side effects and risks of a device before implantation).
- Endologix, Inc. could have corrected the defect or prevented the defect from ever occurring if it had exercised reasonable caution and care in the design, manufacturing, distribution, and marketing of the AFX device;
- Endologix, Inc. acted in a way that a reasonably careful and prudent manufacturer of a similar medical device would not have acted (i.e., a reasonably careful and prudent manufacturer would have done things differently to minimize or mitigate the risk of harm to patients who use its devices); and
- This negligent behavior and defective device are partly or wholly to blame for the harm that the injured patient sustained.
Assembling the evidence and witnesses one would need to present and prove these claims is not a task that most injured patients have the time or money to do. Unfortunately, without a thorough investigation that locates all favorable evidence and witnesses, the chances of the injured plaintiff succeeding in his or her suit is limited. Luckily, firms like Parker Waichman LLP know how to conduct these investigations quickly and thoroughly so as to help AFX device injury victims receive compensation as quickly as possible.
Why Choosing Parker Waichman LLP to Handle Your AFX Injury Lawsuit Makes Sense
It is important for patients injured by an Endologix, Inc. AFX device to choose a law firm with a proven track record of achieving success for clients in a professional but zealous manner while still treating clients with respect throughout the process. Parker Waichman LLP fits the bill: our firm has received honors such as:
- An “9” (out of a possible “10”) rating from clients on Avvo.com and a perfect “5 Dragons” rating from LawDragon.com;
- The coveted “AV Preeminent” rating from Martindale-Hubbell® based on reviews of judges and other legal professionals;
- Featured in Best Lawyers publication.
It is Parker Waichman LLP’s commitment to resolving clients’ cases with speed, skill, and outstanding client service that has enabled our reputation to remain strong over the years. Clients can rest assured that with Parker Waichman LLP by their side in and out of the courtroom, their rights and interests are being protected and advanced by a dedicated and ardent advocate.
Retaining Experienced Counsel for Your AFX Injury Claim is More Affordable Than You Think
One of the biggest hurdles keeping many injury victims from filing a lawsuit after an endoleak or other AFX device-related injury is the cost of retaining legal counsel to help them. Parker Waichman LLP is committed to changing this and making obtaining legal counsel affordable. Not only does the firm offer new clients a free, no-obligation consultation wherein our team will answer your questions and discuss your legal rights with you, but our firm accepts these cases on a contingency-fee basis. Our clients pay no retainer fee or attorney fee upfront, and if Parker Waichman LLP is not able to successfully resolve a client’s case and help that client receive compensation, then that client does not owe any fees to the firm. If Parker Waichman LLP does succeed on behalf of a client, then Parker Waichman LLP will take a small percentage of the overall compensation award as payment for its fees. Clients who sign on with Parker Waichman LLP do not need to risk their financial future just to have knowledgeable help with their claim.
Your Time to File a Lawsuit is Running Out
Endologix, Inc. has experienced problems with its AFX AAA devices for years; however, an injured patient does not have much time to exercise his or her legal rights. Depending on the state in which a lawsuit is filed, a client may only have as little as one or two years within which to file a lawsuit or risk losing the opportunity to obtain compensation completely. While there is still time, it is of utmost importance that patients who believe they may have suffered an injury, hospitalization, or other negative consequence as a result of an Endologix, Inc. AFX device visit with legal counsel right away.
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