Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Can you file a wrongful death lawsuit?

In October 2019, the Food and Drug Administration (FDA) issued a recall of Ethicon surgical staplers. Unfortunately, by this time, the staplers had already been used on countless surgeries despite their defective nature. In once such case, in 2007, a surgical staples wrongful death lawsuit was filed against Ethicon Endo-Surgery Inc. regarding the death of Sarah S. The plaintiff in that case was awarded millions in damages.

If you or a loved one have experienced health issues or complications due to a surgery in which an Ethicon surgical stapler was used, you may be eligible to file a lawsuit against the company. If you have lost a loved one due to similar circumstances, you may be able to seek compensation and justice through a wrongful death suit.

Ethicon Surgical Stapler Recall

Surgical staplers are devices used to cut and staple internal tissue during a wide variety of surgeries, but they have unfortunately been linked with some potentially serious complications and even fatality. Indeed, the FDA received thousands of reports of major injuries linked with these devices, as well as 412 reports of death as of mid-2019.

“The FDA believes that many of the problems identified in these reports can be primarily attributed to surgical staplers for internal use because proper staple formation is largely contingent on proper function and use of the stapler,” the FDA said in a March 2019 letter to healthcare providers.

The risks for complications from stapler use may be linked to device defects – prompting some manufacturers like Ethicon to recall their products with the help of the FDA.

At the time of the recall, the FDA admitted that “many more device malfunction reports” had been filed in connection with these devices than the agency had previously disclosed. Indeed, more than 56,000 reports of surgical stapler malfunctions were reported through non-traditional channels between 2011 and 2018, meaning that there had actually been a total of nearly 110,000 malfunctions or injuries during this time period.

As a result of these risks, Ethicon issued a recall. The Ethicon surgical stapler recall was issued on April 11, 2019, affecting devices that had been manufactured between March 2018 and March 2019—about 100,000 devices in all.

Another recall was initiated by Ethicon in October 2019 due to problems with their Echelon staplers that resulted in malformed staples. Like previous recalls, the Ethicon recall was deemed a Class I recall by the FDA – meaning that the devices may cause serious injuries or even death. The recalled products were reportedly involved in one death and seven injuries.

Four different Ethicon Echelon stapler products were included in this recall:

  • ECHELON Flex 60 Endopath Stapler Articulating Endoscopic Linear Cutter (EC60A)
  • ECHELON Flex 60 Powered Plus Compact Articulating Endoscopic Linear Cutter (PCEE60A)
  • ECHELON Flex 60 Powered Plus Articulating Endoscopic Linear Cutter, 44cm Shaft Length (PLEE60A)
  • ECHELON Flex 60 Powered Plus Articulating Endoscopic Linear Cutter, 34cm Shaft Length (PSEE60A)

The recalled products were manufactured between July 18, 2019 and Aug. 3, 2019 and distributed between Aug. 1, 2019 and Sept. 26, 2019. Over 8,000 products are included in this group.

Individuals affected by Ethicon recalls may be able to file a wrongful death lawsuit if their family member died due to defective stapler complications.

Wrongful Death Claims for Alleged Ethicon Stapler Defects

Ethicon staplers are sterile, single-patient devices used in surgeries. Generally, they are used in open or minimally invasive surgeries. However, some staplers were made with an out of specification component which resulted in malformed staples, according to the FDA.

If the malformed staples aren’t addressed by medical professionals, patients may face a “risk of prolonged surgery, postoperative connection (anastomotic) leak, hemorrhage, hemorrhagic shock, additional surgical intervention, or death.” In fact, the FDA warned that surgical staplers had been linked to 366 deaths as of March 2019.

Ethicon stapler defect may result in wrongful death.The families of patients who may have died due to complications caused by the Ethicon stapler may wish to file a wrongful death claim. A wrongful death claim is filed when a person dies because of the fault of another person. These claims may involve something as simple as a car accident to something as complex as medical malpractice.

One such wrongful death lawsuit was filed against Ethicon, whose parent company is Johnson & Johnson, in 2007. Plaintiff Daniel S. brought the lawsuit after the death of his wife, Sarah, who allegedly died due to gastric bypass surgery. The suit states that, before her surgery, Sarah, who was over 300 pounds at the time, was suffering from back and knee pain as well as diabetes, depression, and asthma.

During her gastric bypass surgery, an Ethicon stapler was used. Sarah developed postoperative peritonitis and died soon after her surgery. The lawsuit alleged that Sarah’s death was caused by a defect in the Ethicon stapler. A jury agreed and awarded her husband $5 million in damages.

Wrongful Death Cases: Who Files and Who Pays

In wrongful death cases, there are several parties who may be eligible to file a claim. In general, cases are brought by representatives of the departed’s survivors. These survivors are also known as “real parties in interest” and are those who suffered damages due to the death of the departed. Those who are allowed to make these claims vary from state to state, but some of those who may be eligible include the following groups.

  • Immediate family members
  • Distant family members
  • Life partners
  • Financial dependents
  • Putative spouses
  • Parents of a deceased fetus
  • All persons who suffered financially

The group of those who can face wrongful death lawsuits is broader. Defendants may be individuals, companies, institutions, or even government agencies. By definition, those facing wrongful death suits are those allegedly at fault for the death of the decedent. However, government agencies may be immune from some sorts of wrongful death claims. Specifically, government agencies may not face claims due to deaths in railroad collisions or certain medical device product liability.

Lawyers For Wrongful Death

A growing number of people are coming forward with allegations of malformed surgical staples, leading to serious and even fatal complications.

Wrongful death cases can be incredibly complex and hard to litigate. In many instances, the plaintiffs may still be mourning the death of their loved one, making these situations particularly painful. Because of this, if you are planning on filing a wrongful death claim or a class action lawsuit, legal assistance is likely to be essential.

If you or someone you love has suffered from Ethicon surgical stapler complications, or if someone you love has died from such complications, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit can be a daunting prospect, especially after the death of a loved one, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free Ethicon Surgical Stapler Lawsuit Investigation

If you or a loved one suffered from surgery complications caused by internal staples, you may qualify to joing in a Ethicon surgical stapler lawsuit investigation.

See if you qualify by filling out the free form on this page. 

Get a Free Case Evaluation

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.


Get Help – It’s Free

Join a Free Ethicon Surgical Stapler Lawsuit Investigation

If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.

PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.

E-mail any problems with this form to:
Questions@TopClassActions.com.

Oops! We could not locate your form.

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.