Client, a 58 year old male with HIV, undergoes Enteryx Procedure (Boston Scientific manufactures the product) for GERD on April 12, 2004. At time of procedure, he is taking HIV Meds (Viramune, Epivir and Abacavir) as well as psych meds (Wellbutrin and Concerta). For 3 months after the procedure, he suffers from inability to swallow, regurgitation, chronic hiccups, massive headaches, some choking, and ulcerations, lacerations and scarring of the lower esophageal sphincter muscle at the injection site. Since the surgery, he has undergone 7 dilation procedures, a steroid injection directly into the injection site and taken ulcer medication. His GERD is now worse than before and it is creating havoc with his HIV meds.
Is it below the standard of care to do this procedure on someone who is taking the above-described HIV meds? Furthermore, I understand from the client that Boston Scientific has now taken Enteryx off of the market because of problems with the product. Is there a possible product liability action against Boston Scientific?
Thanks!
Lowell Steiger, Attorney at Law
8383 Wilshire Boulevard, Suite 830
Beverly Hills, California 90211
(323) 852-1100
(323) 852-1033