Spinal Cord Stimulator Class Action
GMP Law is investigating a representative proceeding in the Federal Court of Australia against Spinal Cord Stimulator (SCS) manufacturers. The claim alleges that SCS devices have caused significant injuries to patients, ranging from pain and infection to more severe complications, including death in some cases.
GMP Law aims to hold the manufacturers accountable and secure fair compensation for patients who have suffered due to these devices.Â
Current status
GMP Law has commenced an investigation into the potential class action against Spinal Cord Stimulator (SCS) manufacturers based on reports of severe complications and alleged breaches of Australian Consumer Law.
Given that 27% of patients require revision surgery following SCS implantation due to complications—with each SCS procedure costing $58,377—the financial burden on patients is significant.
The investigation is in its early stages. We are gathering evidence and assessing the viability of a class action.
GMP Law is calling on people who have been affected by SCS implants to register their interest in the class action.
Key developments
Recent studies have highlighted significant concerns about SCS devices:
- The U.S Food and Drug Administration (FDA) has flagged over 80,000 injuries caused by Spinal Cord Stimulators, making them the 3rd most flagged medical device.
- Australian health insurance data shows 1,351 Spinal Cord Stimulator procedures were performed in Australia over the past year, with 27% of patients requiring revision surgery due to complications such as chronic back pain.
- The global market for SCS devices is expected to reach $2.8 billion by 2025, with nearly 34,000 patients receiving implants annually worldwide.
About the class action
This class action addresses serious allegations against Spinal Cord Stimulator manufacturers regarding the safety and efficacy of their devices. The lawsuit centres on the companies’ alleged failure to ensure the quality and safety of their medical devices, which has led to unexpected and severe complications for many patients.
The core issues of the class action include:
Product liability: SCS manufacturers are accused of producing and distributing defective medical devices that have caused significant harm to patients.
Negligence: The class action alleges that the manufacturers failed to properly test and ensure the safety of their products before distribution.
Breach of Australian Consumer Law: There are claims that the SCS devices do not meet quality standards and that manufacturers engage in misleading conduct.
Failure to warn: The manufacturers are accused of not adequately warning patients and medical practitioners about the risks involved with SCS implants.
Safety defects: The class action alleges that the SCS devices have inherent safety defects that have led to severe complications in patients.
The issue
Spinal Cord Stimulators (SCS) are implantable devices surgically inserted to deliver low levels of electrical stimulation directly to the spinal cord, aiming to reduce or alleviate chronic pain. They are often recommended for patients seeking relief from chronic back pain.
However, these devices have been associated with severe complications in some patients. Manufacturers have faced accusations of producing defective devices, failing to conduct adequate testing, and not providing sufficient warnings about potential risks.
Patients who have received SCS implants face several injury risks and health issues, including:
- Chronic pain at the implant site
- Device migration or malfunction
- Nerve damage and neurological deficits, including paralysis
- Infection at the surgical site or systemic infections
- Haemorrhage
- Inflammatory reactions
- Battery or implantable pulse generator malfunctions
- Lead complications, such as migrations or breakage
- In severe cases, death.
The economic burden on patients and the healthcare system is substantial:
- The average cost of a SCS procedure is $58,377
27% of patients require revision surgery due to complications, potentially doubling their medical expenses - Patients may face additional costs for ongoing medical care, pain management, and potential loss of income due to the inability to work
- The global market for SCS devices is expected to reach $2.8 billion by 2025, highlighting the scale of the industry and potential damages
- Patients may have to bear the cost of the device removal or replacements, as well as treatment for complications.
What’s next?
GMP Law is investigating the claims, gathering evidence, and preparing for a potential representative proceeding against SCS manufacturers. If you have been affected by these issues, you are encouraged to register for the Spinal Cord Stimulator Class Action..
Are you eligible for compensation?
You may be eligible to join the class action and claim compensation if:
- You have had a SCS implant in Australia.
- You have experienced complications or required revision surgery due to implant failure.
Even if you haven’t experienced complications yet, you may still be eligible if you have received a SCS implant.
To determine your eligibility and join the class action:
- Check your medical records or contact your surgeon to confirm the type of SCS you received.
- Document any symptoms or complications you’ve experienced since your surgery.
- Register your interest with GMP Law.
Risk-free participation
There is no financial risk in registering with our firm and becoming a class member. We operate on a No Win No Fee basis. You will not incur any legal fees unless we win your case. If successful, the court may order the defendant to cover your legal fees and out-of-pocket expenses.
If the claim is unsuccessful, you will not be personally liable for any costs.
Take action today to ensure your rights are represented and to pursue the compensation you deserve.
We're here to help maximise your compensation
If you or someone you know has had an SCS device implanted, we would like to hear from you. Your experience could play a crucial role in our investigation. Register to join the class action and stay informed.
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