Research has shown that there is a high risk of infection in open heart/heart and lung transplant operations brought about by the use of a heater/cooler device (the device) used during surgery to warm or cool the blood as necessary. Research in the United States has shown that more than a third of such devices used in open heart surgery were contaminated with mycobacterium chimaera (MC). MC is a serious infection and can often prove fatal.
Symptoms Of infection
The symptoms can take up to 5 years to develop. Some common symptoms include fever, unexplained weight loss, coughing or shortness of breath, night sweats, joint or muscle pain and feeling sick or vomiting.
Can you test for the infection?
Unfortunately you can’t and you only know you have got it when symptoms appear.
What to do if you think you are at risk of infection
You should contact your GP straight away to make sure that he or she knows that you are potentially at risk of infection so that this is noted down in your medical records.
Consumer Protection Act 1987
In terms of Section 2 of the Act, manufacturers of goods or equipment are liable for any damage caused if the goods or equipment are defective. It’s reasonable to suggest that devices contaminated by MC are defective within the meaning of the Act. Liability under the act is absolute.
Court Action
There are a number of Court Cases proceeding in the USA, England and Europe brought about by the patients or the relatives of patients who have contracted MC because of a contaminated device. These cases are proceeding against the manufacturers of the devices.
How do you prove the infection came from the device?
Research in the USA has shown that genetic testing can establish that the most likely source of the infection is a contaminated device.
Claiming compensation
If you have had surgery using one of the devices in the last 5 years and have become unwell then you may be eligible to claim. We are acting for the widow of a man believed to have died from MC as a consequence of infection during open heart surgery.
How we can help
If you have had such surgery within the last 5 years and think you may be at risk of infection, you can contact us today to discuss your potential claim on 0800 988 8082.