U.S. District Court Judge James V. Selna has paved the way for St. Jude Riata defibrillator cases to move forward when he denied a motion to dismiss filed by the defendant. The manufacturer argued that they should be shielded from liability based on the theory of federal preemption. Additionally, Judge Selna also rejected the claim that plaintiffs were not able to show a link between the defective St. Jude Riata defibrillator leads and the sustained injuries.

The devices in question, the St. Jude Riata and Riata ST ICD leads, have already been removed from the market due to concerns that the insulation around the leads might fail. The leads were small wires that connected to an implantable cardiac defibrillator (ICD). If the leads (or insulation around them) failed, they could unnecessarily shock the heart or could fail to deliver a shock when needed.  In either case, cardiac arrest could occur. The only way to prevent lead failure is through revision surgery to replace the leads.

The FDA responded to concerns from individuals who still had one of the recalled St. Jude Riata or Riata ST leads in an August 2012 memo. They recommended individuals ask for imaging exams to monitor the condition of the leads. Due to the serious nature of revision surgery, the FDA suggested replacing the leads only if they were showing signs of failure.

Is a St. Jude Riata lawsuit loan right for you?

While Judge Selna’s ruling ensures that St. Jude Riata lawsuits will be heard, it does nothing to speed up the slow judicial process.  Plaintiffs in these cases may still have to wait years before the cases are resolved and they start to see any settlement or award monies. Meanwhile, the costs of revision surgeries, medications, hospital stays, and other financial burdens can begin to add up. This could lead some people to be tempted to settle for less than they deserve just to keep their heads above water, financially.

There is another option available for people in this situation, pre settlement lawsuit funding. Getting a St. Jude Riata lawsuit loan is a simple process, though its isn’t a loan in the traditional sense. This type of legal funding is really a cash advance on the expected recovery. If the settlement doesn’t come through or a favorable verdict isn’t reached at trial, the money does not have to be paid back. This is a no-risk method to get quick cash to pay off medical bills, mortgages, anything else the plaintiff may wish to use it on.

Free application for St. Jude Riata legal funding

If you have filed a lawsuit against St. Jude Riata manufacturers and are awaiting a court date or settlement offer, contact LawStreet Capital for more information about our legal funding for plaintiffs. The application is free, there is no cost to you, and once approved, your pre settlement cash advance will be wired to your bank  account or overnighted by courier within 24 hours.

You have nothing to fear, LawStreet Capital lawsuit loans are non-recourse, meaning you only pay the money back if you settle or win your case. In the event you don’t receive any damages, you don’t have to pay the advance back. Call us toll-free at 1-866-FUND-662 to discuss the benefits of a St. Jude Riata lawsuit loan today!