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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was implanted with a bad battery from St Jude Medical that

Customer Question

I was implanted with a bad battery from St Jude Medical that the FDA determined had been on the recall list for a couple of years. They were also paying doctors to implant these.
I was involved in a class action suit up until a couple of weeks ago, because after the attorneys took their fees, I would wind up with $11,000, which didn't even come close to covering my medical expenses. It turns out that my doctor was not only taking kickbacks from the company but that he was on their board. I signed a form to stop the statute of limitations.
I was told by those attorneys that if I did not take the offer, I need to seek other counsel.
What is my next step? I have thousands and thousands and thousands of dollars in medical bills.
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your next step if you do not agree with the settlement is you have to get your own attorney in MD for handling the medical malpractice AND product liability claim against the doctor and manufacturer. The fact the doctor was taking kickbacks and was also on their board can make the doctor guilty of malpractice and liable to you in addition to the manufacturer being liable for the defective product.
You are entitled to fight them for the cost of the replacement in addition to the pain and suffering their negligence and defective product has caused you to suffer.
So your next step is finding a MD attorney who does malpractice and medical product liability, which you can find at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com