Surgical Stapler Lawsuits

Contact the Boston law firm of Thornton Law Firm LLP online or at  1-888-341-1405  for a free consultation with a recognized leader in defective medical device litigation.

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If you or a loved one has been seriously injured by the use of a surgical stapler, call our surgical stapler attorneys at 1-888-341-1405 for a free, no-obligation consultation to discuss your legal rights. Or contact us online to tell us your story

What Are Surgical Staplers?

A surgical stapler is a device used by doctors to close wounds or surgical incisions, instead of stitches or sutures. The patient is literally being stapled back together. Surgical staplers are used in many kinds of surgeries, and their use has been increasing.

Surgical staples do not dissolve. They must be removed by a doctor after the wound or surgical area has fully healed. Staples may need to stay in the body for up to 21 days before they are removed.

Gastric bypass surgeries – including the surgery known as having your stomach stapled – are one surgery where staples are not usually removed. If there is a failure of the staples used in a gastric bypass, this can allow gastric contents to leak out into the abdominal cavity.

Most of the surgical staplers used in this country are manufactured by either Ethicon, a subsidiary of Johnson & Johnson, or Covidien, a subsidiary of Medtronic.

Surgical stapler manufacturers

  • 3M
  • B. Braun Melsungen AG
  • Cardica
  • Care Fusion Corporation
  • CONMED
  • Covidien (subsidiary of Medtronic)
  • Ethicon (subsidiary of Johnson and Johnson)
  • Frankenman International
  • Meril Life Sciences
  • Purple Surgical
  • Reach Surgical
  • Smith & Nephew
  • Stryker
  • U.S. Surgical Corp.
  • Welfare Medical Ltd.
  • Zimmer Biomet

What Kind of Post-Op Complications Can Surgical Staplers Cause?

Like the staplers we use at home or at work, sometimes surgical staplers can misfire, jam, or fail to properly close the staples. When deployed near delicate tissues and critical organs – like the heart, lungs, kidneys, and gastrointestinal tract – this can be a deadly failure. Complications from a surgical stapler failure can include:

  • Internal bleeding,
  • Hemorrhagic shock,
  • Nutritional and digestive issues,
  • Need for permanent ostomy bag,
  • Leak in the closures (anastomotic leak)
  • Needing additional closures (anastomoses)
  • Fistula formation,
  • Sepsis,
  • Damage to internal organs,
  • Additional surgeries,
  • Death.

Ethicon Surgical Stapler Recalls 2019

The FDA announced two Class I recalls  of Johnson & Johnson subsidiary Ethicon’s Endo-Surgery surgical staplers in 2019.

A Class 1 recall is the most serious type of FDA recall and is issued when “there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death,” according to the FDA.

Ethicon Circular Stapler Recall May 2019

The circular staplers were recalled for insufficient firing and failure to completely form staples.  Products included in the circular stapler recall are:

  • Endo-Surgery Curved Intraluminal Stapler with Adjustable Height Staples
  • Endo-Surgery Endoscopic Curved Intraluminal Stapler with Adjustable Height Staples

Ethicon Surgical Stapler Recall October 2019

Ethicon announced a Class I recall in October 2019 for the Echelon Flex™ Endopath® stapler due to a defective component which is out of specification and that may cause malformed staples.

Echelon Flex™ Endopath® recalled staplers:

  • Echelon Flex 60 Endopath Stapler, Articulating Endoscopic Linear Cutter (EC60A)
  • Echelon Flex 60 Powered Plus Compact Articulating Endoscopic Linear Cutter (PCEE60A)
  • Echelon Flex 60 Powered Plus Articulating Endoscopic Linear Cutter, 44cm Shaft Length (PLEE60A)
  • Echelon Flex 60 Powered Plus Articulating Endoscopic Linear Cutter, 34cm Shaft Length (PSEE60A)

Trust Our Massachusetts Surgical Stapler Attorneys To Help

If you or a loved one has experienced surgical complications from the use of  a surgical stapler, you may be eligible to file a personal injury claim for damages. You may be compensated for medical expenses and  money damages for the pain, suffering, physical injuries, and any other losses, such as lost income,  that you suffered as a result of your injuries.

Call Attorney Marilyn McGoldrick at 1-888-341-1405  or contact the Boston law firm of Thornton Law Firm LLP online or for a confidential, no-cost consultation with an experienced Massachusetts defective drug and medical device attorney. If you have have had complications from a surgical stapler,  you should seek legal advice as soon as possible, as courts apply strict time limits to all legal claims. Contact us today for a fair and thorough consideration of your case.