Defective Spinal Cord Stimulator Claims

Here at McCarthy + Co Solicitors LLP, our team has acted for many clients in defective medical device claims, and this work is led by our head litigation lawyer, John McCarthy. John has extensive experience in product liability and medical negligence litigation, at Circuit Court, High Court, and Supreme Court level, including claims on behalf of patients harmed by implanted devices. To arrange a time to speak with John, complete our quick and confidential online form.

Common issues with spinal cord stimulators

A spinal cord stimulator is a small implanted device, consisting of a pulse generator and electrode leads placed near the spinal cord, that delivers electrical impulses to mask chronic pain signals before they reach the brain. When it works well, it can transform a patient’s quality of life. When it fails, however, the consequences can be serious. Common problems include:

• migration or fracture of the electrode leads, so that stimulation is lost or misdirected;
• device or battery malfunction, causing a loss of pain relief;
• excessive or misdirected stimulation, causing burning sensations, electric shocks, or muscle problems;
• infection at the implant site; and
• nerve damage, which in severe cases can cause lasting weakness or paralysis.

Because the device sits so close to the spinal cord, a failure, or a further operation to remove or replace it, carries real risk, so an early problem should always be taken seriously.

A high-risk category of device

Spinal cord stimulators are associated with a high rate of problems, which is a key reason why a device failure is worth investigating. Published literature reviews put the overall complication rate at roughly 30 to 40 per cent, with migration of the electrode leads the most common hardware complication, and a meaningful proportion of patients eventually having the device removed, often because it is not relieving their pain. The scale of reported problems is striking: an Associated Press investigation of United States regulatory data found that spinal cord stimulators had drawn the third-highest number of injury reports of any medical device type, with more than 80,000 incidents flagged between 2008 and 2018.

These figures need to be read with care. They are drawn from United States data, an injury report records an incident rather than a proven fault, and many complications relate to the surgery, or to the nature of the therapy, rather than to a defect in the device itself. They do, however, show that these are high-risk devices where problems are far from rare. Whether your particular experience involves a defective product, as opposed to a recognised risk of the treatment, is a fact-specific question, and one we can help you answer.