Parents of a minor daughter allege that their child suffered from a serious infection from open heart surgery due to the use of a contaminated cardiac heater cooler device.

The plaintiffs, Heather S. and Joseph S., filed their lawsuit on behalf of their daughter, referred to as “E.S.” in the lawsuit because she is a minor. E.S. allegedly underwent an open heart surgery in July 2017. Unfortunately, the parents say the child has since suffered from a serious infection from open heart surgery known as mycobacterium abscessus. According to the lawsuit, this infection was caused by exposure to a contaminated cardiac heater cooler device used during the operation.

The device in question is the Stockert 3T system. In October 2016, the Center for Disease Control issued a warning to hospitals about the risk of infection from open heart surgery using the Stockert 3T system. The press release warning specifically cautioned hospitals to check what equipment was being used, ensure that they are properly maintained and alert patients about the issue.

Nearly a year later, when E.S. underwent her open heart surgery, her parents say she contracted mycobacterium abscessus after the use of a Stockert 3T device—despite the warning from the CDC, as well as a warning from LivaNova, the device’s manufacturer.

According to the lawsuit, E.S. would not have suffered her infection from open heart surgery had her parents been adequately warned about the risk associated with the device.

The infection from open heart surgery lawsuit was filed on July 21, 2018, in the U.S. District Court for the Eastern District of Louisiana.

What is a Heater Cooler Device?

A heater cooler device is used during an open-chest surgery to help regulate the body temperature of the patient. The device does this by alternately warming and cooling the patient’s blood as deemed necessary.

The system uses temperature-controlled water, which is then sent to warming and cooling blankets on the body. However, if this water becomes contaminated, patients may be placed at serious risk.

Though there is no direct contact between the water in a heater-cooler system and the patient, it is possible that the water may become aerosolize (move through the air) or even travel through other parts of the device that may come in contact with the patient.

Contaminated water used during a major surgery could lead to a serious infection, multiple agencies including the FDA and the Centers for Disease Control have warned.

Filing a Lawsuit After Infection from Open Heart Surgery

More and more patients are filing adverse event reports with the FDA over open-chest surgery infection.

In many cases, patients may not actually develop symptoms of the infection for months or even years after the initial exposure during surgery. Reports indicate that the average cardiac surgery patient linked with heater cooler contamination failed to show symptoms of infection from open heart surgery for years.

If you or someone you love has suffered from an infection from open heart surgery with the use of a heater cooler device like the Sorin system, you may be able to file a lawsuit or join a class action heart surgery infection lawsuit.

While filing a lawsuit cannot take away the physical and emotional effects of such a serious infection, or bring a loved one back to life, it can help to alleviate the financial burden caused by medical expenses and lost wages.

The Infection from Open Heart Surgery Lawsuit is Case No. 2:18-cv-06891-SM-JCW, in the U.S. District Court for the Eastern District of Louisiana.