Texas court rules lawsuit against hospital over recalled spinal cord stimulator battery can move forward: 5 things to know

Written by Laura Dyrda | June 04, 2019 | Print  |

The Court of Appeals for the 12th District in Texas reversed a previous ruling about a spine device battery that was implanted in a patient a year after it had been recalled.

 

Five things to know:

1. Bennie Grismore filed a lawsuit, as posted in Justia, against Medtronic and two hospitals in Texas after he underwent a failed spinal cord stimulator treatment initially in 2008 and then received a new battery in the stimulator in 2015 that had been recalled in 2014.

2. In the lawsuit, Mr. Grismore claimed the hospital where he received surgery was negligent because it still had the recalled battery in stock a year after the recall.

3. Mr. Grismore originally filed the suit in 2017 and brought in a physician as a medical expert. The hospital argued the medical expert was not qualified to address whether it breached the standard of care for the situation. A summary judge ruled in favor of the hospital, but 12th District appeals court agreed with Mr. Grismore, that his expert was qualified.

4. The medical expert, Terrence Shaneyfelt, MD, wrote that the standard of care was for hospitals to remove devices in their stock after a product recall.

5. As a result of the ruling, the case could go to trial.

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