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Biotronik Pacemaker Lawyer

Doctor / Trial Lawyer Aaron DeShaw is accepting cases as a Biotronik Pacemaker Lawyer for people who had an unnecessary Biotronik pacemaker surgery.  Our firm is working with two other firms nationally to handle these cases.

In the first trial regarding this issue in the country, a New Mexico District Court jury found German pacemaker manufacturer Biotronik negligent in the case of Tommy Sowards, who claimed he was unnecessarily implanted with a pacemaker as a result of a conspiracy among Biotronik, a Biotronik salesman, a hospital and his cardiologist. That lawsuit disclosed a scheme where Biotronik paid improper kickbacks to cardiologists including bonuses for every patient outfitted with a pacemaker, “training fees” and payments for clinical studies – payouts that more than tripled the amount the doctor charged per procedure. That lawsuit alleged that Sowers was improperly told he needed a pacemaker that he did not need. Sowards said that after the pacemaker surgery, his new doctors informed him that the pacemaker wasn’t necessary. It is now turned off, but his current physician says it cannot be removed without causing damage to his heart. The jury was so upset by the greed and violation of the patient’s trust, that they returned a verdict of $2.3 Million in compensatory damages, and $65 Million in punitive damages as a penalty for Biotronik’s conduct.  Since every case is factually different, this may or may not represent the value of other people’s cases who were improperly implanted with a Biotronik Pacemaker through this kickback scheme.

Biotronik, a German medical device company, has its U.S. headquarters in Lake Oswego Oregon.  There is evidence suggesting that there were an abnormally high number of operations involving Biotronik pacemakers in parts of Oregon, most notably Biotronic pacemaker surgeries in Salem Oregon. In fact, the Oregon Department of Justice has already fined two Salem doctors for failing to disclose kickbacks from Biotronik to their patients.    While we are interested in hearing from any person receiving a Biotronik pacemaker in any state that they believe may have been unnecessary, we are particularly interested in the two doctors who the Oregon Department of Justice investigated in that case – Dr. Matthew Fedor and Dr. Kyong Turk.  In 2013, Dr. Matthew Fedor and Dr. Kyong Turk both agreed to pay the Oregon Department of Justice for failing to disclose these kickbacks.  If you received a pacemaker surgery with Dr. Matthew Fedor, or a pacemaker surgery with Dr. Kyong Turk, please contact our office at (503) 227-1233.  You may have a claim for money damages.

Our law firm is offering a free, no-obligation review and evaluation of your medical records.  The evaluation would be completely confidential.  If we determine that you may have a claim for money damages, and you choose to hire us to pursue that claim, you will not have to pay us any fees or costs unless we recover money damages for you.  to be clear, if we do not recover money for you, you pay us nothing.  You can let us know about your case by calling us at (503) 227-1233 or toll free at (866) 843-3476.

In response to this action, The Oregonian has noted that “the practice [of financially incentivizing doctors to place medical devices in patients] is tolerated by the biggest hospitals in the state who do not require patients be informed of such payments.”  We believe this is wrong, particularly in cases where placement of the device is both unnecessary and can result in permanent injury or death of the patient.  The 15-month long battle between DOJ, the doctors and Biotronik in Marion County Circuit Court has been sealed, according to public filings in the Oregon Judicial Information Network.

Biotronik’s payments to doctors has been effective in getting more of their devices implanted in patients.  Biotronic’s kickbacks to doctors in Nevada led to a sudden growth in sales, and triggered a federal investigation, according to reports in the New York Times.

Our office also has information that after this kickback scheme came to light, Biotronic’s insurers sued Biotronic for attempting to seek insurance benefits for its kickback activities.  It’s insurers refused to pay Biotronik, noting that the Pacemaker manufacturer “chose to continue their illegal and self-enriching campaign to encourage [doctors] to over utilize their medical devices” and that the plaintiffs in the Sowards case proved “that Biotronik …engaged in willful, reckless or wonton conduct with utter indifference or conscious disregard for a person’s safety.”  That lawsuit goes on to note “Biotronik’s and its agent’s intentionally harmful conduct as determined in the Sowards Action is not ‘an accident.’ “

Dr. DeShaw is accepting cases as a Biotronik Pacemaker Lawyer either as trial counsel, or co-counsel, for both Oregon Biotronik Pacemaker cases, and local counsel for national Biotronik Pacemaker cases where the Biotronik pacemaker surgery was performed when clinically unnecessary.  We have a successful track history with our co-counsel in this case, with whom we obtained over $1 Billion for people defrauded by their own insurance companies through the use of the Colossus insurance software system, as well as one of the lawyers who worked on the $67 Million Biotronik pacemaker case in New Mexico and several other Biotronik pacemaker cases.  If you have a claim, your outcome may not be similar.  But, it is worth investigating if you were unnecessarily implanted with a Biotronik pacemaker.

If you believe you had a Biotronik Pacemaker surgery that was unnecessary, call (503) 227-1233 or (866) 843-3476 for your free consultation.


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DeShaw Trial Lawyers 2350 NW York St, Portland, OR 97210
Phone: (503) 227-1233 | Toll Free: (866) 843-3476 (866-THE-FIRM)