Surgical Stapler Attorneys
If you or a loved one has suffered serious complications from a faulty surgical stapler, you’re not alone—and you don’t have to face this fight by yourself. At Farah & Farah, we we understand how devastating it is to trust a medical procedure, only to experience pain and potentially life-threatening health complications because of a defective device.
Surgical stapler malfunctions have caused real harm to real people, and we’re here to help you get the justice and compensation you deserve. Our team is ready to stand by your side, take on the big manufacturers, and make sure your voice is heard. You’ve been through enough—let us take it from here.
Why Are People Filing Surgical Stapler Lawsuits?
Surgical staplers are meant to make procedures safer and more efficient, but when they malfunction, the consequences can be devastating. Patients across the country are filing lawsuits against surgical stapler manufacturers after suffering serious injuries, complications, and even wrongful death due to defective devices. These lawsuits aim to hold manufacturers accountable for their faulty products and failure to warn doctors and patients about the risks.
Some common reasons for surgical stapler lawsuits include:
- Defective or misfired staplers
- Staple line failure
- Unreported safety issues
- Surgical stapler recalls
- Life-altering health problems
There have been defects in surgical staplers that have led to recalls of several kinds of staplers produced by different manufacturers, meaning that this wasn’t just an isolated problem with one line of staplers. It indicates a broader issue with the design of the staplers that went underreported for too long, allowing more people to be harmed by the dangerous defective devices.
Holding Surgical Stapler Manufacturers Accountable
If you or a loved one suffered from complications caused by a defective surgical stapler, you may have a legal case against the manufacturer. These companies should be held responsible for releasing unsafe products and failing to warn the public about their dangers. Filing a lawsuit can help you recover medical expenses, lost wages, pain and suffering, and other damages.
At Farah & Farah, we believe you deserve justice. We’re here to listen to your story, explain your legal options, and fight for the compensation you deserve.
What Is a Surgical Stapler?
A surgical stapler is a specialized medical device used by surgeons to close wounds, connect tissues, or remove sections of organs during surgery. These devices provide a faster and more efficient alternative to traditional sutures, helping to seal incisions and internal structures with precision.
There are two main types of surgical stapler:
- Manual staplers (the surgeon has to apply force to deploy the staples)
- Powered staplers (use a motorized system for more controlled and consistent stapling)
While these devices are intended to improve surgical outcomes, defective staplers or improper use can lead to serious complications, including misfired staples, leaks, and severe internal damage. Unfortunately, many patients have suffered unnecessary harm due to faulty surgical staplers—leading to recalls, lawsuits, and growing concerns about their safety. If you or a loved one has been affected, you may have legal options to pursue compensation.
Common Uses for Surgical Staplers
Surgical staplers are commonly used in a wide range of procedures where precision and secure wound closure are essential. These devices help surgeons close incisions, reconnect tissues, or remove damaged sections of organs efficiently. However, when staplers malfunction, the consequences can be severe, leading to complications that may require additional surgeries or long-term medical care.
Some common surgeries that often involve surgical staplers include:
- Gastrointestinal surgeries
- Thoracic surgeries
- Gynecological and urological surgeries
- Bariatric (weight-loss) surgeries
- Organ transplants
- Emergency trauma surgeries
While surgical staplers are widely used in these procedures, defects or malfunctions can result in serious complications. If you or a loved one experienced complications due to a faulty surgical stapler, you may have grounds for legal action.
Who Makes Surgical Staplers?
Several prominent medical device companies manufacture and distribute surgical staplers in the United States. Notably, some of these manufacturers have faced legal challenges due to alleged defects and malfunctions in their products. While there are many companies who manufacture surgical staplers, the major players are Medtronic and Ethicon, which hold the largest market share in surgical staplers in the United States.
Medtronic (Covidien)
Medtronic, a global leader in medical technology, expanded its portfolio by acquiring Covidien in 2014. This acquisition positioned Medtronic as a dominant force in the surgical stapler market, supplying a significant portion of staplers used in U.S. hospitals. However, the company has faced numerous lawsuits alleging that defects in their staplers have led to severe patient injuries. In 2019, Medtronic recalled over 3 million staplers due to misalignment issues that could cause staple malformation.
Ethicon (Johnson & Johnson)
Ethicon, a subsidiary of Johnson & Johnson, is renowned for its surgical instruments, including a wide range of stapling devices. Despite their prominence, Ethicon has been embroiled in legal disputes stemming from claims of stapler malfunctions. In 2019, the company recalled approximately 92,000 surgical staplers after reports indicated that the devices were misfiring, leading to serious patient injuries.
Defective Surgical Stapler Recalls
Surgical staplers are essential tools in modern medicine, designed to close wounds and connect tissues efficiently. However, numerous recalls and reports of malfunctions have raised significant concerns about their safety and reliability.
Ethicon Surgical Stapler Recalls
In 2019, Ethicon recalled over 92,000 surgical staplers after discovering that some devices contained an out-of-spec component, leading to malformed staples. This defect compromised staple line integrity, posing serious risks to patients. The FDA classified this recall as Class 1, which means that the organization considers there to be a risk of serious negative health consequences to patients, including death.
Medtronic Surgical Stapler Recalls
The company has issued multiple recalls for its surgical staplers. Notably, in 2018, Medtronic recalled over 170,000 units due to missing components that could affect staple alignment, potentially leading to incomplete closures and patient harm. Then again in 2019, Medtronic had to recall 100,000 more staplers of a different type of surgical stapler, also due to missing components.
Underreporting of Surgical Stapler Problems
Alarmingly, many stapler malfunctions were not publicly reported. The FDA acknowledged that more than 56,000 malfunction reports were filed through a non-public database between 2011 and 2018, keeping critical safety information from healthcare providers and patients.
These revelations have prompted calls for stricter regulations and oversight to ensure the safety and efficacy of surgical staplers in medical procedures.
Surgical Stapler Defects and Malfunctions
Patients have suffered injuries due to staplers that fail to deploy correctly, create faulty staple lines, or misfire entirely. These malfunctions often result in internal bleeding, severe infections, and the need for additional surgeries. The two most common malfunctions include:
Malformed Staples
One of the most dangerous malfunctions occurs when staples are not properly formed or do not close securely. Malformed staples can lead to leaks at the surgical site, improper wound healing, and infections. This is the reason the Medtronic and Ethicon surgical staplers were recalled.
Misfiring or Failure To Fire
Surgical staplers can also misfire or fail to deploy staples altogether, which can leave tissue unsealed and vulnerable to excessive bleeding or organ damage. A misfire during a procedure may require additional suturing, prolonged surgery, or emergency intervention to correct the damage.
Medical Problems Linked to Faulty Surgical Staplers
When surgical staplers fail, they can cause severe complications that put patients’ health and lives at risk. In some cases, these issues result in long-term health consequences or life-threatening conditions, including:
Tearing of Organs or Tissue
Faulty surgical staplers can apply excessive force or misfire, causing tears in delicate tissues or nearby organs. When this happens, patients may experience severe internal bleeding, intense pain, and potential loss of organ function. In some cases, these injuries require emergency surgery to repair the damage, increasing the risk of complications and extended recovery time. If left untreated, tissue damage from a stapler malfunction can lead to permanent injury or life-threatening infections.
Symptoms of Organ or Tissue Tearing
The symptoms of a tear in an organ or tissue can include:
- Severe pain
- Swelling
- Bruising
- Dizziness
- Weakness
- Low blood pressure
- Fever
- Chills
- Nausea
- Vomiting
- Rapid heart rate
- Difficulty breathing
- Jaundice
- Fluid retention
- Confusion
Catastrophic Bleeding
When a surgical stapler fails, it can cause catastrophic bleeding by damaging blood vessels or failing to properly seal a surgical site. Uncontrolled bleeding during or after surgery can lead to dangerous drops in blood pressure, shock, and organ failure if not addressed immediately. Patients may require emergency transfusions, additional surgeries, or intensive care to stabilize their condition. In severe cases, excessive blood loss can be fatal, making surgical stapler malfunctions a serious risk with devastating consequences.
Symptoms of Catastrophic Bleeding
The symptoms of catastrophic bleeding can include:
- Severe, uncontrolled bleeding
- Sudden drop in blood pressure
- Rapid or weak pulse
- Pale, clammy, or cold skin
- Dizziness or fainting
- Shortness of breath
- Severe abdominal or chest pain
- Swelling or bruising
- Excessive fatigue or weakness
Bowel Leakage
A faulty surgical stapler can cause bowel leakage by failing to properly seal the intestines during gastrointestinal surgeries. When staples misfire or form incorrectly, waste and digestive fluids can leak into the abdominal cavity, leading to dangerous infections like peritonitis and sepsis. This condition often requires emergency surgery to repair the damage and prevent further complications. Left untreated, bowel leakage can cause severe pain, organ failure, and life-threatening infections, putting patients at serious risk.
What Is Peritonitis?
Peritonitis is a serious and potentially life-threatening infection of the peritoneum, the thin layer of tissue that lines the abdominal cavity and surrounds internal organs. This condition occurs when bacteria or other harmful substances, such as digestive fluids or waste, leak into the abdominal cavity—often due to surgical complications, organ perforation, or infections.
Symptoms of Peritonitis
Symptoms of peritonitis can include:
- Abdominal pain
- Tenderness in the abdomen
- Bloating
- Feeling full
- Nausea
- Vomiting
- Reduced urine output
- Loss of appetite
- Diarrhea
- Thirst
- Being unable to defecate or pass gas
- Confusion
- Feeling tired
What Is Sepsis?
Sepsis is a life-threatening medical emergency that occurs when the body’s immune system overreacts to an infection, triggering widespread inflammation. This excessive response can lead to tissue damage, organ failure, and death if not treated promptly. Sepsis often develops from bacterial, viral, or fungal infections that spread through the bloodstream, affecting vital organs.
Symptoms of Sepsis
The symptoms of sepsis can include:
- Shallow, quick breathing
- Changes in mental status
- Inexplicable sweating
- Feeling lightheaded
- Shivering
Sepsis symptoms can differ depending on both the person and the type of infection that caused it. For example, a urinary tract infection that turns septic would also include all of the symptoms of that infection, such as painful urination. Sepsis can also appear differently in children than it does in adults.
Septic Shock
Septic shock is the most severe stage of sepsis, occurring when an overwhelming infection causes a dangerous drop in blood pressure that leads to organ failure and death if not treated immediately. It results from the body’s extreme inflammatory response to an infection, damaging tissues and preventing oxygen from reaching vital organs. Symptoms can include an inability to stand, difficulty staying awake, and extreme confusion or other major changes in mental status.
Fistula Formation
A defective surgical stapler can lead to fistula formation, where an abnormal connection develops between two organs or tissues that should remain separate. This can occur when staples fail to properly close a surgical site, leading to leakage and chronic inflammation. Fistulas can cause pain, infections, and improper organ function, often requiring additional surgeries to repair. In severe cases, they can lead to long-term complications, including difficulty eating, bowel control issues, or persistent infections, significantly impacting a patient’s quality of life.
Symptoms of a Fistula
The symptoms of a fistula can vary, depending on its location and its severity. Some common signs that you have a fistula can include:
- Chronic pain
- Frequent infections
- Unusual discharge
- Fever
- Chills
- Swelling
- Redness
- Bowel problems
- Urinary issues
- Foul odor
- Skin irritation
- Malnutrition
- Dehydration
Surgical Stapler Lawsuits
There have been several notable lawsuits related to surgical stapler malfunctions beginning as early as 2007 when a woman died due to a defective surgical stapler failing to form proper staples during gastric bypass surgery, causing her stomach to leak into her abdominal cavity, resulting in an infection that ultimately killed her. The patient’s family sued Johnson & Johnson and was awarded $5 million by a jury for the wrongful death. Lawsuits against surgical stapler manufacturers only continued from there, with patients and their families filing claims after experiencing severe injuries, infections, and life-threatening complications caused by defective staplers.
Many lawsuits argue that manufacturers knew about the risks but failed to warn doctors and patients, leading to unnecessary harm. The FDA’s 2019 disclosure that thousands of adverse event reports were hidden from public databases further fueled legal action. As more victims come forward, these lawsuits seek to hold manufacturers accountable and recover compensation for medical expenses, lost wages, and pain and suffering.
Some of the most notable settlements include:
$79.8 Million Settlement for Former Police Officer
Former police officer Florence Kuhlmann was awarded nearly $80 million in both punitive and compensatory damages by a jury in California after a surgical stapler caused life-threatening injuries. The Ethicon stapler used was one of the models recalled by the company. In 2018, an appeals court reduced her total reward to $19.6 due to a constitutional maximum for punitive damages.
$5.5 Million Settlement for Grieving Husband
Ryan Strange of Springfield, Illinois, received a $5.5 million settlement in 2017 after the 2013 wrongful death of his wife from what should have been a standard surgery to remove a noncancerous mass on her liver. The surgical stapler had cut a blood vessel but didn’t seal it properly, which resulted in her bleeding to death that same day. The settlement costs were split by Medtronic, which had acquired Covidien in 2014, the Memorial Medical Center, and the practice doctors of the Southern Illinois University School of Medicine’s group.
Do I Qualify for a Surgical Stapler Lawsuit?
If you or a loved one has undergone a surgery that used a surgical stapler and as a result suffered from organ or tissue tearing, catastrophic bleeding, bowel leakage, or a fistula, you may have a case against the manufacturer of the stapler. At Farah & Farah, we believe that people deserve better–and when surgical stapler manufacturers put profits over safety, they must be held accountable. If you or a loved one has suffered due to a defective stapler, you don’t have to fight this battle alone.
We’re here to help. Reach out to Farah & Farah today
Big corporations have teams of lawyers protecting their interests—we’re here to protect yours. Our experienced legal team is dedicated to standing up for victims, seeking justice, and securing the compensation you deserve. You’ve been through enough. Let us take on the legal fight while you focus on healing. Reach out today for a free consultation, and let’s take the first step together.
You can and should pursue justice through a defective medical device lawsuit. At Farah & Farah, we help you recover the maximum possible recovery or verdict from the people who caused your injury – so you can focus on recovering from what the defective drug did to you without financial hardship.
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