Patient accuses medical device manufacturer of product liability

By Jenie Mallari-Torres | Nov 9, 2018

BECKLEY — A Wyoming County man is suing a medical device manufacturer, alleging negligence and product liability.

Nicholas Hendricks filed a complaint in Raleigh Circuit Court against Cordis Corporation and Cardinal Health 105 Inc., alleging they designed and distributed a defective medical device.

According to the complaint, Hendricks suffered significant and severe harm and injuries, incurred substantial medical expenses, loss of earnings and was later subjected to unnecessary surgery, as a result of being implanted with the defendants' Optease Filters.

The suit says the filters were designed to prevent recurrent pulmonary embolism by placing the medical device in the vena cava, with assurance that the device was temporary and retrievable. However, Hendricks says his surgery to remove the device was terminated due to the migration of the device, causing him to undergo a second surgery. 

The plaintiff alleges Cordis and Cardinal Health 105 failed to provide sufficient warnings and instructions to Hendricks, his physician and the general public of the dangers and adverse effects caused by implantation of the Optease Filter.

Hendricks seeks trial by jury, damages for injuries and medical costs, punitive damages, interest, attorney fees, interest and court costs. He is represented by attorney Timothy P. Lupardus of Lupardus Law Office in Pineville.

Raleigh Circuit Court case number 18-C-415

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