A cochlear implant is an electronic device commonly used by people who are severely hard of hearing or profoundly deaf. The implant has one part that sits behind the ear, and a second piece that’s implanted under the skin. Cochlear implants are not the same as hearing aids, meaning the patient cannot hear what someone is saying. Instead, the implant allows the wearer to sense different sounds, thereby allowing them to recognize specific situation that are associated with that sound. Sadly, cochlear implants have been the source of many serious injuries, such as hearing loss, bacterial infection, and even death.
Many victims of cochlear implant injuries are minors, since manufacturers deliberately marketed their products for children as young as 12 months. In particular, Advanced Bionics has come under heavy criticism for targeting children, who suffered electric shocks from defective implants. In one notable case, a Kentucky jury awarded a little girl and her family $7.25 million after the child suffered severe electric shocks and needed open-head surgery to have the device removed.
Similar claims are being filed all over the country, and quite a number of these victims have made their way to our office. They have many questions for us, including, “How long will it take before my case is settled?” The answer is different for each client, as no two cases are the same. Each client has their own set of losses that are determined by their injuries and personal circumstances. Furthermore, each case is affected by factors that are beyond our control, like implant manufacturers who refuse to make reasonable offers.
However, there are some general rules regarding the amount of time that may be spent on a cochlear implant lawsuit. We will go over these rules today, but keep in mind that this information may not apply to your own situation. That’s why it’s important to speak with a lawyer right away to find out the legal process that’s needed for your case.
If you or a loved one was harmed by a cochlear implant, contact the attorneys of Normandie Law Firm.
What is the average length of time to get paid on my cochlear implant injury claim?
The timeline for a cochlear implant lawsuit depends on a number of factors, including the complexity of your injury and how they affect your life in the long run. As a general rule, severe injuries requiring high amounts of compensation take the longest to resolve. Minor injuries claims may be settled in just a few weeks or months, but only if the other side admits fault and is willing to pay you a reasonable settlement.
In the best case scenario, you and the manufacturer can come to an agreement on how much you should be paid. That way, payment can be made within the first few months of your claim and you can move forward with your recovery. However, complex cases with 7 figure awards can take much longer to win. We’ve seen cases go two years or more before they’re settled, sometimes just days before the trial date.
The amount of time for a cochlear implant case also depends on the type of claim you are filing. Here are the cause of actions that are available to you as a cochlear implant injury victim.
Single Party Claim for Individuals
For a single party claim, you would be seeking compensation by yourself for your own specific injury/ injuries. Since you are the only one involved, these cases may be resolved in just a few months. However, claims for more serious injuries, like complete hearing loss, may take a year or more to settle.
Wrongful Death Compensation Lawsuits
This action is filed by the loved ones of a cochlear implant injury victim. Most of these fatalities occur from bacterial meningitis, a dangerous infection of the membranes that protect the brain and spinal cord. Family members and loved ones may be able to file a claim for wrongful death against the responsible parties.
Class Action Lawsuits
You will join a large group of plaintiffs with injuries similar to yours in order to file one class action. As a general rule, class action lawsuits can take several years to settle, especially if there is a trial. Additionally, class action lawsuits have to be certified as meeting certain criteria by the courts. The timeline for completing this process depends on the court’s schedule. In California, a cause of action must meet the following criteria to be certified as a class action lawsuit:
- Numerosity: There must be a large number of victims.
- Commonality: All the victims have a similar claim for injury against the liable party.
- Adequacy: The class representative has the capacity to adequately represent all the class members.
- Typicality: The class representative’s claims are similar enough to that of the other class members.
An experienced class action attorney can explain this to you in more detail and help you decide on the best time of lawsuit for you. Call Normandie Law Firm and speak with a defective product lawsuit attorney.
Our Recent Verdicts and Settlements
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$460,000
Injuries from Defective Cochlear Implants
Cochlear implants have been linked with a variety of health issues, which have led to life-long complications for victims as young as 12 months old. These issues include:
- Partial or permanent hearing loss.
- Damage of the cochlear cells.
- Facial nerve damage (bell’s palsy)
- Chronic ringing in the ear (tinnitus)
- Death of body tissues (necrosis)
- Bacterial infection (meningitis)
- Electric shock
- Nerve damage
- Pain from loud noises, crackling, and buzzing if the device malfunctions
Over the years, there has been an alarming number of hearing loss cases associated with defective cochlear implants. In 2013, an FDA studied reported that almost 50% of patients with cochlear implants suffered “significant loss of residual hearing up to profound or worse levels.” To make things worse, victims may need to have the device surgically removed through a painful, 8-hour procedure.
As you can see, cochlear implant patients can suffer damage far beyond the initial injury. That’s why it’s important to take your time and determine the full extent of the harm that has been done to you or your loved one. Otherwise, you may end up with compensation that’s inadequate for your needs.
Can I Back Out of a Class Action Lawsuit?
Cochlear implants from companies like Advanced Bionics and Cochlear Americas have been the subject of several recalls by the FDA. As a result, there are a lot of victims suffering the same kind of injury as you are. In that case, a class action lawsuit may be right for you. But what if you find out later that your damages are more serious than those of the other members? Or, what if you’re unhappy with the lawyer that’s handling your case and want to start fresh with a new attorney?
The good news is, you can back out of a class action if it’s in your best interest to file a lawsuit by yourself. But there are consequences for backing out of a class action lawsuit. If the class action proceeds without you and compensation is recovered, you will have no right to a portion of that award since you opted out of the lawsuit. You also have to consider the statute of limitations for filing a cochlear implant lawsuit. If you’re close to the filing deadline, you would have very little time to start a new lawsuit, so maybe it’s best to remain a class action member.
The lawyers of Normandie can help you weigh the pros and cons of a class action lawsuit. We can also review your case and evaluate your attorney’s work if you are not confident in their abilities. Call us today and speak with a knowledgeable product recall attorney.
Our Zero Fee Guarantee
If you’ve been harmed by a defective product, the law allows you to seek compensation for your injuries. Many victims are hesitant to speak with a lawyer because they’re afraid of the costs. At Normandie Law Firm, we believe that victims deserve the highest quality legal representation without having to pay for it. With our Zero fee guarantee, you will pay nothing upfront for any of our services. We only get paid if we win your case, and if we lose, the costs are on us. We also provide free second opinions if you’re thinking about changing attorneys or want to explore other options for compensation.
Contact our office and schedule a free consultation today.
