Possible Conflict of Interest Could Reverse Dismissal of Medtronic Injury Cases
Earlier this year, a Minnesota judge dismissed hundreds of Medtronic injury cases, citing federal preemption over state law in medical injury lawsuits. It now appears that the judge failed to disclose that Medtronic has been a longstanding client of the law firm his son works for.
This provides a shocking and controversial twist to the litigation and offers a spark of hope to plaintiffs who's cases were dismissed. Judge Richard H. Kyle was appointed to preside over the lawsuit that included nearly 700 Medtronic injury lawsuits, brought by patients who suffered injuries from Medtronic Sprint Fidelis defibrillator leads.
In January, Judge Kyle dismissed all Sprint Fidelis injury lawsuits citing a Supreme Court opinion that establishes the preemption of federal regulations over state law. Now, attorneys for the plaintiffs intend to cite potential conflict of interest because Kyle's son works for the law firm Frederickson & Byron, which has represented Medtronic for years. Judge Kyle insists that he did not see the need to reveal that fact, because his son's work involves criminal law and would, likely, not have had much to do with Medtronic. Plaintiffs' medical injury lawyers have made clear their intention to have Kyle disqualified from the case for his failure to reveal the relationship his son's law firm had with Medtronic. Meanwhile Medtronic, in an effort at damage control, has released a statement claiming that Judge Kyle’s son has never represented Medtronic, the world's largest medical device maker. It seams like this is not the last we will hear of the Minnesota Medtronic lawsuits.
Medtronic Sprint Fidelis Lead Injuries
Medtronic Sprint Fidelis defibrillator leads were the subject of a recall in 2007 when it became apparent that the defective leads could fracture, causing an electric shock to the heart. These lead fractures could also result in the failure of the defibrillator device to function properly and administer a life saving shock to the heart in case of an abnormal heart rhythm. At least 5 people have died from these injuries and hundreds have been injured.
If you have been injured by the Medtronic defibrillator leads or any other defective medical device, contact a medical injury lawyer at Arnold & Itkin LLP for a free evaluation of your claim.