On Nov. 20, 2017, a new lawsuit was filed in U.S. District Court for the District of Colorado against LivaNova PLC, LivaNova Deutschland GmbH, and Sorin Group USA.

The complainant in this lawsuit is plaintiff James T. who is suing as an individual and as a representative of the estate of plaintiff and decedent, Sue Ann T. Also named as plaintiffs in this case are Melissa C., Nicole C., and Christina M.

At issue in this lawsuit is the mycobacterial infection allegedly leading to the wrongful death of the decedent after bilateral lung transplant surgery.

The Decedent’s Story

The mycobacterial infection that purportedly led to the decedent’s demise came after bilateral lung transplant surgery in which a Sorin 3T heater-cooler device was used. The lung transplant occurred in 2014.

Shortly afterward, James alleges, Sue Ann T. was diagnosed with a mycobacterial infection in multiple locations, including at her incision site on the sternumand in her left knee and left leg.

James says Sue Ann T. underwent aggressive care for her mycobacterial infection to no avail. She lived with frequent and recurring bouts of flu-like symptoms including fever and chills, stomach discomfort, and a general overall feeling of illness and fatigue. James says she had to be administered food through a feeding tube and had a pic line installed for continued treatment with powerful antibiotics.

The decedent also experienced multiple surgeries because of her mycobacterial infection allegedly related to the use of a Sorin 3T heater cooler device. Among those surgeries was the installation of a sternal plate because the incision site had to be irrigated and debrided regularly.

She also had to have infected bone and tissue removed from her left knee and lower leg bone secondary to this systemic mycobacterial infection.

James alleges that because of these extreme interventions, Sue Ann T. experienced anxiety, emotional distress, delirium, and insomnia as well as memory and hearing loss. She eventually succumbed on May 1, 2017 because of issues related to her mycobacterial infection which included systemic sepsis.

The plaintiffs are bringing the following counts against the defendants in this mycobacterial infection lawsuit:

Count One—Breach of Warranty, Design Defect; Breach of Warranty, Manufacturing Defect; Count Three—Breach of Warranty, Defective and Inadequate Warnings; Count Four—Negligence; Count Five—Breach of Express Warranty; Count Six—Fraudulent Concealment; Count Seven—Violation of the Virginia Consumer Protection Act; Count Eight—Wrongful Death; Count Nine—Survival; and Count Ten—Loss of Consortium.

James T., surviving spouse, and Melissa C., Nicole C. and Christina M., surviving adult children of the decedent, are asking for a trial by jury with a favorable decision on their behalf and that of Sue Ann T.’s estate.

They are asking for compensatory, treble, and punitive damages to be accessed according to the personal injuries presented in the trial. They are also asking for a return of all court costs and attorney’s fees, as well as pre-judgment and post-judgment interest.

The Mycobacterial Infection Lawsuit is Case No. 1:17-cv-02781-MEH in the U.S. District Court for the District of Colorado.