Thomas Preuss and David McMaster settled for a confidential amount in a product liability lawsuit on behalf of an 8-year-old child against the manufacturer of the child’s cochlear ear implant and a component manufacturer.
The lawsuit was filed in the U.S. District Court for the Western District of Missouri. It alleged that the cochlear ear implant device failed after only one and a half years of use due to the loss of the device’s hermetic seal. While in the child’s ear, water leaked into the device when it was intended to be water proof, resulting in electrical failure of the ear implant. Two months after implantation, the manufacturer of the child’s cochlear ear implant issued a nationwide recall of all, same, un-implanted cochlear ear implant devices due to an elevated risk of moisture-related device failures.
Tom and David successfully argued that as a result of the child’s device failing, the child suffered injuries including but not limited to numerous open-head surgical procedures to explant the defective device and re-implant properly functioning devices.