Cochlear implant claims

Cochlear implants are devices that can help improve the hearing of people who are deaf or severely hard of hearing. They’re different to hearing aids in that part of the device is surgically implanted.

Cochlear implant procedures are routinely carried out with the intention of improving a patient’s quality of life. However, occasionally these products can fail. This can cause various difficulties for patients, including:

• Hearing loss
• Significant pain
• Emotional distress

When this happens, generally the only solution available is for patients to undergo further surgery to replace the cochlear implant.

Our specialist product safety and consumer law team is at the forefront of product liability claims. Leigh Day is ranked Band 1 in the legal directories in this area.

Get in touch to see if you could be eligible for a cochlear implant claim.

What are cochlear implant claims?

A cochlear implant claim can help you secure compensation if you have experienced a faulty medical product after a cochlear implant procedure.

Cochlear implants are highly complex electronic devices that can become extremely uncomfortable or painful if defective. After an implant procedure, patients should feel confident that their device will perform properly.

If various patients make defective cochlear implant claims against the same party, you might be able to bring a claim as a group. Combining resources and evidence can help build a stronger case against those responsible.

Group claims may help:

• Save time
• Reduce legal costs
• Improve the chances of success
• Offer reassurance for affected patients to come forward

Leigh Day has years of experience in bringing group claims, acting for groups of clients up to 50,000 in size.

If you have experienced pain or discomfort from a defective cochlear implant, speak to one of our legal team to discuss the next steps.

What problems can faulty cochlear implants cause?

Cochlear implants are surgically implanted to communicate with and deliver sound to the patient’s auditory nerves in the inner ear, also known as the cochlea.

If the device is faulty, it can cause various complications for the patient. Early intervention is often crucial to the success of cochlear implants. This is why many cochlear implant patients are often children with hearing loss.

Some of the most common complications are electrical, which can be the fault of the manufacturer. The device sits under the skin; if not sealed properly, moisture can enter the implant and cause the circuits to fail.

If the device is defective, this can cause problems such as:

• Distressing and painful auditory malfunctions, such as loud or persistent sounds
• Inconsistent implant performance
• Implant replacement, which will require more surgery

There are various signs that can point toward a defective device. Patients, and parents of patients, should look out for:

• Loss of hearing
• Pain or discomfort
• Distress or crying
• Sudden noises and popping sounds
• Unwillingness to use headphones

If you have an issue following a cochlear implant procedure, reach out to our product safety and consumer law team for advice. We can find out if you could bring a cochlear implant claim.

Who would I make a faulty cochlear implant device claim against?

If you’ve suffered an injury or experienced distress from a defective cochlear implant, it may not be obvious who to turn to for support. In most cases, the manufacturer is often at fault. It’s their responsibility to ensure their medical products are safe to use.

The Consumer Protection Act 1987 helps to protect consumers by holding manufacturers accountable for unsafe goods and devices. It allows consumers and medical patients to claim compensation if the manufacturer is responsible for personal injury, damage to property, or death.

Our work with defective cochlear implant claims

In February 2020, Advanced Bionics issued a voluntary recall of the initial version of their HiRes Ultra and HiRes Ultra 3D cochlear implants due to a decrease in performance.

Advanced Bionics reported that the cause of the issue was body fluid entering the implant electrode, which can negatively impact its function. Defective devices can affect patient hearing performance over time and their ability to hear high-pitched sounds.

As at 5 April 2022, Advanced Bionics reported that the global rate of failure for implants associated with this performance issue was 11.3%.

Leigh Day has represented clients who have complained about the performance issues from the HiRes Ultra and Ultra 3D cochlear implants, which Advanced Bionics are responsible for. Some patients required revision surgery.

Why choose Leigh Day?

We understand that when things go wrong with cochlear implants, the consequences can be devastating, causing both physical and psychological suffering. By making a compensation claim, we can help you get the compensation you deserve.

Our specialist product safety and consumer law team have unrivalled expertise in bringing consumer law claims, including cochlear implant claims.

Ready to talk? Call us now to find out more about how we can help you on a completely no-obligation basis. Any conversations we share are in strict confidence.

Contact us today by emailing Tina Patel our specialist product safety and consumer law solicitor, or fill in our form, and a member of the team will be in touch.