After their father died from an LVAD infection, two plaintiffs filed a lawsuit alleging that the Stockert 3T heater cooler used during surgery was contaminated and caused the deadly infection.

Plaintiffs Paul S. and Michael S. recently filed a lawsuit against LivaNova, alleging that their father Eugene S. died after he contracted a LVAD infection. Eugene’s LVAD infection was allegedly caused by the use of a contaminated Stockert 3T heater cooler during surgery.

The plaintiffs say that in February 2016, Eugene underwent open heart surgery for the implantation of a Left Ventricular Assist Device (LVAD) to help heart function. In March 2015, Eugene again underwent open heart revision surgery to replace the LVAD and support device anchoring. The Sorin 3T heater cooler was allegedly used during both surgeries to maintain blood temperature during bypass.

The lawsuit claims Eugene was in the hospital on and off throughout the months of June and July 2015 for a variety of issues including fever, cough, shortness of breath, night sweats, chills, and dizziness. In March 2016, Eugene was admitted to treat an infected cyst on his chest. In July 2016, Eugene was again admitted to the hospital for an LVAD infection.

His LVAD infection continued, the plaintiffs claim, and he was readmitted in September 2016. During this stay, which lasted through October 2016, the infected area was drained and samples were taken for analysis.

The cultures were sent for testing and, in November 2016, a report was issued saying that the LVAD infection was caused by M. chimera. Eugene continued to cycle in and out of the hospital for treatment of his LVAD infection until his death in July 2017.

Eugene’s sons claim that the M. chimera infection is directly related to the use of the Stockert 3T cardiac heater cooler. The heater cooler uses temperature controlled water to heat bypass devices, regulating the temperature of the blood during open heart surgery.

The lawsuit argues that defects associated with the heater cooler device can encourage the growth of various bacteria which, when aerosolized by the machine, can contaminate the surgical field and come into contact with exposed organs such as the heart.

This defect can allegedly cause problems when water is contaminated with M. chimera. M. chimera is a non-tuberculous mycobacterium which is commonly found in water. The bacteria rarely causes issues but, when it comes into contact with internal organs it can cause serious infections, as seen with Eugene’s LVAD infection.

The lawsuit argues that LivaNova knew or should have know that their heater cooler devices can cause serious infections such as Eugene’s LVAD infection. The device was recalled in 2015, but Paul and Michael argue that the company knew sooner. They argue that, if the device had been recalled earlier, Eugene’s LVAD infection may not have occurred.

The lawsuit accuses the defendants of negligence, strict products liability, failure to warn, breach of warranties, violation of consumer protection laws, and wrongful death. Following the death of their father due to an LVAD infection, Paul and Michael seek compensatory damages, punitive damages, court costs, and attorneys’ fees.

The LVAD Infection Lawsuit is Case No. 1:18-cv-03790-WFK-VMS in the United States District Court for the Eastern District of New York.