Can I file a lawsuit against Boston Scientific for a malfunctioning spinal cord stimulator and Aetna for refusing to remove it?

Asked over 1 year ago - Mesa, AZ

I had a spinal cord stimulator implanted about 14 -18 months ago and it has never worked correctly. The battery is almost impossible to charge and I have had extreme pain in my left hip from the battery implant.

The worst issue is that the stimulator turns itself on at the highest setting! I am unable to walk or talk when this happens. It's extremely scary and I was afraid that I was going to have heart attack. (I look like I'm having a seizure). Thank god my husband was there and figured out that I was pointing at the remote control. After the 3rd time of this happening, I completely quit using the stimulator out of fear.

Now Aetna cancelled my surgery literally at the last minute to have the stimulator removed stating that the procedure is not medically necessary.

Attorney answers (3)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . There are a handful of lawyers that handle defective medical devices, thus, best bet is to google "defective medical device lawyer" to find a list of lawyers handling these cases.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Consult with a defective product attorney in Mesa. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492.... more
  3. Chris Matthew Limberopoulos

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . There may be a chance at a claim here. There are issues of pre-emption, medical negligence and contract.
    Use the AVVO find a lawyer link. You can also contact my office or a referral.

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