Cochlear implants are often said to be one of the most successful medical innovations of our time, allowing some deaf and hard-of-hearing individuals to perceive sound through electrical signals sent directly to their auditory nerves. But the history of this miraculous device has been marred by various product liability claims and many lawsuits involving cochlear implants over the years.

If you have undergone a cochlear implant procedure, it’s important to know the signs and symptoms of injury so you can take advantage of your rights as an injured patient and seek compensation if necessary or at least have the cost of hearing aids covered.

This article on cochlear implants looks at the history of product liability claims against the backdrop of the lawsuits surrounding them, along with what this means to the future of this technology.

What Are Cochlear Implants and How Do They Work?

Cochlear implants are small electronic devices that provide a sense of sound to people who are profoundly deaf or hard of hearing. They work by converting sound waves into electrical signals that stimulate the auditory nerve, which sends impulses to the brain for processing.  

The ability to hear is essential for enjoying both everyday noises and musical extravaganzas like Coachella and West End Live, and here is where cochlear implants come in handy.

Cochlear implants have been around for decades and have undergone many changes in function and design over time. However, they have always had a long history of product liability claims, including lawsuits filed in response to their inability to perceive sound accurately.

What are product liability claims?

Product liability claims are a type of civil lawsuit where a person or entity (the plaintiff) sues another party for damages stemming from an injury or defect that resulted from the other party’s product.

Cochlear implant lawsuits date back to the 1980s and involve several plaintiffs who have filed lawsuits against the manufacturers, alleging that the devices are defective and cause injuries.

The first case against one manufacturer was filed in 1985 by Loretta Bowers, who alleges that her cochlear implant device caused her to suffer severe facial paralysis which has affected her ability to speak and hear. The court dismissed this claim on the grounds that there was no proof that Ms. Bowers’ injury stemmed from the use of the device rather than some other cause.

The Legal Process of Product Liability Claims

Any person or entity that can show that they were injured by a defective product may file a product liability claim against the manufacturer, distributor, retailer, or other parties in the chain of distribution. In order to prevail on a product liability claim, it is necessary to establish that

• The defendant manufactured, distributed, or sold a defective product;
• The plaintiff used and was harmed by this product;
• There is a causal connection between the defect and the harm suffered by the plaintiff;
• The defect existed at the time that it left the defendant’s control. The plaintiff must also show evidence that he relied on representations made about the safety of products by the defendants.

In most cases, plaintiffs will be required to submit expert testimony and other evidence for their case to prevail.

Some Leading Lawsuits Involving Cochlear Implants

• The American Cochlear Implant Alliance, a non-profit organization that provides support for cochlear implant recipients, has taken legal action against the FDA. The ACIA has filed a petition requesting that the FDA hold off issuing guidelines on the use of cochlear implants in adults and children until it completes its safety study.

• In 2006, an Arizona woman sued her physician after he implanted a device in her daughter’s head without notifying her mother first. She alleged that the doctor acted negligently by implanting the device without explaining to her mother how it worked or what risks were involved.

Federal Lawsuits Involving Cochlear Implants

In 1990, the U.S. Food and Drug Administration (FDA) issued a warning against the use of cochlear implants for all patients under age 18, citing insufficient data on safety and efficacy in this population.

However, many parents were eager to give their children cochlear implants despite the warnings because they had seen them work with other deaf children or they believed it would help their child’s speech development.

Some parents sued manufacturers claiming that they should have warned parents about the lack of efficacy in infants and small children. For example, one parent sued Advanced Bionics Corporation in 1997 after her son’s implant failed to improve his hearing or speech development after two years of use.

Conclusion

A cochlear implant can be a life-changing device for deaf and hard-of-hearing individuals, but it also comes with risks. It’s important to understand the history of product liability claims against Cochlear and how they relate to lawsuits in the past.

If you’re at risk for certain health problems, consult your doctor before considering an implant. In conclusion, all new technologies come with serious side effects and Cochlear is no exception.