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Husband had stent put in 4/19/10/passed on 12/18/10/due to major complications. Stent had been taken off market BEFORE surgery.

Pelzer, SC |

Husband had stent put in heart 4/19/10-passed away 12/18/10-his body rejected stent. hospitalized 13 times AFTER-infections,etc. Wife later learned that stent was recalled BEFORE it was put in Husband. When asked, Dr. stated he felt this stent was best to use. Is this medical malpractice? Negilgence? Can wife sue for loss of husband & all it intails? Who would she sue/ Dr./, manfacturer of stent,/ who & for what? After shock of everything, I am finally "getting it together," & I'm ready to fight back. What are the time restraints on something like this in S.C.? Husband was 78 years of age at the time. Does age factor in? Why was stent still available, to anyone, after being recalled? How would I find this information out? I have an awful need to know the answers to all this. Thank You.

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Attorney answers 5


You have a number of issues that need to be addressed by a South Carolina medical malpractice attorney. Depending on who you may have a claim against, i.e., the doctor, the hospital, the maker of the stent, etc., you may have a two or three year statute. For this reason, you should contact a South Carolina medical malpractice attorney immediately to begin an investigation to protect the right of the estate to possibly bring a medical malpractice action before your time to do so expires.


The scenario you have presented is particularly complicated. I agree that there may be liability here. It is particularly complicated because of the product liability factor. If the doctor knew about the problem with the stent before hand, it would present additional problems for him. I agree with my colleague that you should have your case reviewed by a medical malpractice attorney in your area. This is a very complicated issue due to your husband's health at the time the stent was placed and when he passed. Furthermore, there would be causation issues related to the manufacturing of the stent. The exact nature of the recall would have to be investigated in order to determine if there is liability for the placement of the stent. There are multiple possibilities for the recall, some of which may not have been related to your husband's demise. This is all speculative, but it sounds as if there is a reasonable basis to investigate whether to bring a lawsuit. Due to the time of your husband's death, you may have statute of limitations issues to deal with. The attorney who is handling the case will know right away whether or not the statute of limitations has expired in South Carolina. I am truly sorry to you and yours for your loss.


I agree that you should check on the limitations period with a SC lawyer. However, it may also be impossible to prove that the failure of design of the stent or its use was the cause of your husband's death if there was no autopsy. Because he already had active coronary artery disease and rejection of the stent may be a risk of the procedure it may be impossible to prove your claim. You decribe his passing as related to complications - and you would need to find an expert cardiologist who could say that his death was caused by the use of this stent and not his coronary artery disease which progressed. That may be very difficult, but you should contact a SC lawyer.


A local lawyer who handles malpractice and defective products would need to order your medical records and investigate.


This is a rather complicated fact pattern. There are issues of product liability as well as medical malpractice. The first thing I suggest you do is contact a personal injury attorney in the State where this occurred and determine the exact statute of limitations, both for a product liability claim and for a medical malpractice claim. You should schedule an appointment with a well-qualified personal injury attorney to review everything as soon as possible. Delaying can be costly to any of your hopes of recovery.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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