If you received a notice or letter from the FDA or Boston Scientific informing you that a software update is available for your Accolade pacemaker, you may be breathing a sigh of relief and gratitude, thinking that the pacemaker issue is now behind you thanks to this update, and that there is nothing more left to do. However, sitting back passively may end up being one of the costliest mistakes you will ever make, because this software update is just that – a piece of code that will attempt to mitigate the device’s propensity for going into Safe mode. However, it does not change something that cannot be wished away and this is the underlying hardware defect that caused the battery failure in the first place, which essentially leaves your device at risk of the same failure that has already injured thousands of patients, and caused close to half a dozen deaths thus far.
The reality is that the battery cathode defect is severe enough to require having to go and see your cardiologist so they can perform certain medical tests and procedures. It has also come to light that Boston Scientific has been aware of this issue for years, all the way back to during the manufacturing processes where the defect was identified, but nothing was done by the company who chose to silently greenlight the device’s usage and implantation. If you were implanted with the Boston Scientific Accolade pacemaker and are worried about your health and if you have any legal rights, read on to find out how to approach these two issues in a manner that is both complete and legal, while keeping your rights and dignity intact during the process.
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We have thousands of five-star reviews, and our clients often recommend their friends and families to us should they suffer an injury. We take on cases on agreed-upon contingency fee basis, and the first call to us is consulted on a 100% FREE basis. Regardless of where you are in the country, McCready Law can assist with your Boston Pacemaker failure lawsuit, and we shall come to you if need be so you can recover in the comfort of your hospital or home while we work on your claim. Need to speak to someone regarding the potential compensation for a failed Boston pacemaker device? Call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake coordinator is standing by to route your call to one of our experienced attorneys.
Details About the Brady SMR6 Accolade Pacemaker Software
The software in question is an update that was designed to stop the Accolade pacemaker from entering Safety Mode while a patient is either at home or out and about working or carrying our errands. It does this by disabling remote monitoring in some instances, which basically turns of the system that lets your doctor know that the battery is failing.
This is what you need to know however:
- The update doesn’t fix the inherent battery cathode defect; it simply only changes how the device behaves to the defect, by disabling something called ZIP telemetry which then prevents the triggering of Safety Mode.
- However, when the telemetry is disabled, your doctor’s office simply stops receiving data from your device, which creates a dangerous 14-day blind spot whereby your doctor may not have information that your device is actually failing.
- In addition, the FDA has put out a notice that Safety Mode may still be triggered when you go for in-office wanded telemetry whereby their devices are not being remotely monitored. Therefore, even if your doctor discovers eventually that your device isn’t transmitting data anymore, the office interrogation process could in and of itself trigger Safety Mode.
A Software Update Does Not Make a Legal Claim Disappear
The point remains – the device will still most likely fail with or without this software update which may lead to the recurrence of your arrhythmia and possible health injury and complications. The update also leads to new risks whereby the 14-day blind spot leads to a higher likelihood for injury, meaning it is actually a bad think as it delays timely treatment which is essential in people with those with heart issues. The fact remains that Boston Scientific acted negligently when they failed to let you know about the battery defect, and no amount of software updates can nullify this fact.
Best Accolade Pacemaker Lawsuit Attorneys – Call Us Today!
If you or a loved one received the Boston Scientific Accolade pacemaker and are now worried about your legal rights as well as future since you will most likely need to have it explanted so a new one can be implanted, please reach out to us NOW at (314) 481-63338 so we can inform you about the damages you may be entitled to when it comes to the pacemaker battery failure lawsuit. We take on all cases countrywide, and your first call is on us. Thanks for choosing us, and we look forward to helping you.