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

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


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

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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. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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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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