MDL Sought for Abbott Spinal Cord Stimulator Lawsuits

Similar claims over Boston Scientific spinal cord stimulator problems are already consolidated in the Central District of California, as part of a separate federal multidistrict litigation (MDL).

After the U.S. Judicial Panel on Multidistrict Litigation (JPML) declined to establish an industry-wide MDL for all spinal cord stimulator lawsuits brought throughout the federal court system earlier this month, a group of plaintiffs have filed a new motion seeking to consolidate claims brought against Abbott Laboratories before one judge, for coordinated discovery and pretrial proceedings.

Spinal cord stimulators are implantable devices used to treat chronic pain, consisting of electrodes placed near the spinal cord and a battery-powered pulse generator implanted beneath the skin. The battery supplies the electrical stimulation intended to disrupt pain signals before they reach the brain, with the systems marketed as long-term solutions for patients suffering from persistent pain conditions.

In recent months, lawsuits have been filed over problems with spinal cord stimulators manufactured and sold by various different companies, including unnecessary electric shocks, burning sensations, lead migration and total device failures. In addition to Abbot stimulators, lawsuits have also outlined problems with Boston Scientific, Medtronic and Nevro devices, often resulting in the need for additional surgery to remove the spinal cord stimulator.

Whle the U.S. JPML declined to lump claims involving various different manufacturers into one multidistrict litigation (MDL), this latest motion indicates that the Abbott spinal cord stimulator lawsuits each share common questions of fact and law, alleging that the manufacturer was aware of problems with its spine implants and withheld information about the risks from patients and medical professionals, as part of an effort to keep sales and profits high.

Abbott Laboratories Spinal Cord Stimulator Lawsuit Consolidation

On June 22, plaintiffs Ray Lavigne and Renee Moss filed a motion to transfer (PDF) with the U.S. Judicial Panel on Multidistrict Litigation (JPML), requesting that all Abbott Laboratories spinal cord stimulator lawsuits filed in federal courts nationwide be consolidated in the Central District of California for coordinated discovery and pretrial proceedings.

Such procedures are common in complex litigation where the same medical device or product is linked to injuries affecting numerous patients. Plaintiffs argue that these criteria apply to the Abbott spinal cord stimulator lawsuits and that consolidation would serve the convenience of the parties, witnesses and the court. They also say such a move would likely eliminate contradictory rulings and prevent duplicate discovery efforts.

According to the motion, there are currently 15 Abbott Laboratories spinal cord stimulator lawsuits filed, as well as 12 substantially similar cases filed by 33 different plaintiffs in six different U.S. District Courts. Plaintiffs note that 10 of the lawsuits also include claims against the U.S. Food and Drug Administration, which some argue should have never approved Abbott’s spinal cord stimulators for use in patients.

Plaintiffs say that the Central District of California would be ideal for consolidation because the JPML created a Boston Scientific spinal cord stimulator lawsuit MDL (multidistrict litigation) in the same district earlier this month. Those cases were assigned to U.S. District Judge Josephine L. Staton.

If the panel agrees to form an Abbott Laboratories spinal cord stimulator lawsuit MDL, all the cases would remain individual claims despite going through the pretrial proceedings together, meaning plaintiffs must still individually prove that their injuries were caused by the medical implant.

Following consolidation, it would be expected that the appointed judge would instruct the parties to begin preparing a group of claims that represent most of the circumstances found throughout the litigation. These bellwether early test trials would give the parties an opportunity to see how juries respond to evidence and testimony likely to be repeated in many different claims.

Spinal Cord Stimulator Lawsuits

As the JPML considers holding hearings on the proposed consolidation, spinal cord stimulator lawyers continue to review claims over Boston Scientific, Abbott, Medtronic and Nevro implants for individuals who experienced spinal cord stimulator battery problems or other complications such as:

Individuals who believe they may qualify for a spinal cord stimulator lawsuit can request a free case evaluation. Attorneys handling these claims work on a contingency fee basis, meaning there are no upfront costs and fees are only collected if compensation is recovered.

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