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Posted by cathytyrrell@verizon.net on 2010-06-18 18:08
My father suffered a lead fracture of a Boston Scientific CRT-D that resulted in a fall that knocked out his teeth. The device was implanted in 2009 and still under warranty. Boston Scientific says that they will reimburse up to 2500 hundred dollars in medical bills that are not covered by insurance for the replacement of the device but refuse to pay for the removal of broken teeth and to get him dentures. I wonder if I should get a lawyer or just accept that you cant fight these types of things. I also wonder why when they replaced the device in 2009 they used the leads from the device he had put in 2005.
5 comments
Lead Fracture
Comment posted by J.B. on 2010-06-18 18:58.
.Did the lead fracture cause him to fall or did the fall cause the lead to break? If the lead fracture came first how did it happen?
Replacement of leads is usually done only when one is defective. So if they were good at the replacement time, it is normal to continue to use them. Lead replacement brings with it some risk and the longer they have been in place the greater the risk so it usually not done until necessary.
No matter what caused what, I think your question about seeing a lawyer best be answered by a lawyer.
JB
leads
Comment posted by TraceyE on 2010-06-18 21:11.
Leads fracture all the time, it doesn't usually mean they were defective and able to be replaced under warranty. The device was under warranty from 2009, but how long was the warranty on the leads? That warranty would have started in 2005. It can't hurt to talk to a lawyer, but I doubt if you'll get anywhere. The warranties are usually limited to replacement costs, not incidental expenses. Not necessarily fair, but that's the way it is.
It's common to keep the same leads when they replace a device. They only replace them if something is wrong or they've been recalled. Leads last on average 15 yrs but can last many more than that. That's a good thing, there's only so much room in there for more wires so we want them to last as long as possible.
Ask a Lawyer
Comment posted by Zombie on 2010-06-19 07:40.
The Judge will say if your father didn't have the lead to begin with he probably wouldn't be alive that day to fall and break his teeth........life is so unfair.........
I had 2 posts and crowns recemented and touched up, cost several hundred dollars and thats with insurance...then about 2 weeks later...my defibrillator shocked me twice, I fell and hit my head and knocked my post and crowns back out, so for now I bought some Kerr temp dental cement from an online dntal supply store, and been reglueing them myself , it lasts from 1 -2 weeks, then I reglue them, I'm saving up to get them fixed right.....I think that since dental health care is so connected to heart disease that Dental should be covered under your primary Insurance , not just a cheap pay nothing supplemental dental supplement.....I have lost alot what fat I had, by eating more soups and salads....lol......good luck on your choice.....
Fracture/Defective
Comment posted by Bill-2 on 2010-06-19 08:53.
I have a question. I'm not fully versed on peacemaker/lead terminology and how it is used, so while I'm not trying to be a smart---, I have to ask this. How can a pacemaker lead be fractured and not be defective? According to my dictionary fracture means "a breaking of something" and defective means "faulty or deficient." It just seem to me that when you fracture something you make it defective.
Bill
Comment posted by TraceyE on 2010-06-19 10:01.
Defective means it was MADE faulty or deficient, it came from the factory substandard so it is more likely to become fractured. Sometimes they are not defective but become fractured because of something we did, how it was put in, or from normal wear over time. The former is the mfr's fault, the latter is not.
Mine fractured because it was put in at an angle that put a kink in it and it broke at the bend after about ten years. Even though it became fractured the manufacturer didn't do anything wrong and the lead was not inferior or defective.
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