Birmingham Surgical Stapler Lawyers

When Should You File a Surgical Stapler Lawsuit?

When Should You File a Surgical Stapler Lawsuit?

On March 8, 2019, the United States Food and Drug Administration announced a plan to increase the safety of surgical stapler devices. Surgical Staples are used to connect tissues during surgery and have been viewed as being faster and easier to use than traditional nylon sutures. However, this convenience may come at the expense of the patients well being.

Surgical staplers cut and seal blood vessels and tissue.  When the staples misfire or fail to fire, patients can bleed profusely and suffer catastrophic consequences, even death.  The FDA has said that stapler malfunction or misuse can lead to “bleeding, sepsis, tearing of internal tissues and organs, increased risk of cancer recurrence, and death.”

How Many Injuries and Deaths Are Cause by Malfunctioning Surgical Staplers?

The FDA Analyzed the medical device reports submitted for both surgical staplers and implantable staples and obtained a comprehensive view of the safety profiles and inherent risks associated. The analysis, which is ongoing, found that from January 1, 2011 – March 31, 2019, the FDA received over 41,000 reports regarding surgical staplers including:

  • 366 deaths;
  • over 9,000 serious injuries; and,
  • over 32,000 malfunctions.

The FDA believes the majority of the reported problems can be attributed to malfunctioning surgical staplers. The effectiveness of surgical staples is largely contingent on proper function and use of the stapler. The most common problems reported to the FDA are

  • opening of the staple line or malformation of staples;
  • misfiring
  • difficulty in firing;
  • failure of the stapler to fire the staple; and,
  • misapplied staples (e.g., user applying staples to the wrong tissue or applying staples of the wrong size to the tissue).

Surgical stapler and staple malfunctions or misuse have resulted in increased surgical duration, unplanned surgical interventions, which have lead to additional complications such as:

  • bleeding;
  • sepsis;
  • fistula formation;
  • tearing of internal tissues and organs;
  • increased risk of cancer recurrence, and
  • death.

Which Ethicon Staplers Have Been Recalled?

The FDA has identified this as a class I recall, their most serious recall. This recall is used when serious injury or death may occur from the usage of the below staplers.

  • Endo-Surgery Curved Intraluminal Stapler with Adjustable Height Staples and
  • Endo-Surgery Endoscopic Curved Intraluminal Stapler with Adjustable Height Staples
  • Product Codes: CDH21A, CDH25A, CDH29A, CDH33A, ECS21A, ECS25A, ECS29A, ECS33A (Product codes are located on the front of the single unit carton.)
  • Manufacturing Dates: March 6, 2018 to March 6, 2019
  • Distribution Dates: March 15, 2018 to March 8, 2019
  • Devices Recalled in the U.S.: 92,496
  • Date Initiated by Firm: April 11, 2019
checkmark icon
checkmark icon
checkmark icon
checkmark icon
checkmark icon

Do you want to speak to a lawyer?

contact us today

What are the types of surgeries Ethicon surgical staplers are used in?

Usage of surgical staplers and staples is wide due to their convenience and ease of use. Commonly, surgical staplers are used in hard to reach areas of the body – such as gastrointestinal, colorectal, vascular and thoracic.

Types of surgeries where the use of a stapler regularly include:

  • Removing part of an organ (resection)
  • Cutting through organs and tissues (transection)
  • Creating connections between structures (anastomoses)

If you had surgery as described above, there is a high likelihood surgical staples were used and you may be entitled to compensation.

What Are the Most Common Types of Surgical Stapler Injuries?

Numerous patients have had surgeries where a surgical stapler was used and worked as intended. Unfortunately, many have not. Based on the information provided by the FDA and our own research, these are the common injuries being reported:

  • Uncontrolled diarrhea, constipation, and severe stomach cramping
  • Block or occlusion of the intestinal tract
  • Damage to internal organs
  • Severe pain
  • Infection including sepsis
  • Bleeding and extensive blood loss
  • Death

If you have suffered any of the injuries listed above you may have a surgical stapler lawsuit claim.

In most cases, a patient that has suffered from one of the above injuries and has had to undergo repeat surgical procedures and is more likely to be a surgical stapler lawsuit victim.

If you or a loved one had surgery where a surgical stapler or surgical staples were used and experienced any of the above symptoms, please give us a call to discuss the specifics of your case.

How Can a Personal Injury Attorney Help You?

Our attorneys are currently evaluating and investigating claims on behalf of patients who have been injured during surgery due to surgical stapler misuse or malfunction. If you have been injured during surgery, and believe that you qualify for a surgical stapler lawsuit please contact us immediately.

What Do Our Clients Say?

Ruth Weakley

five star icons
Google icon5 star icon

I highly recommend this law firm.  I was always kept informed of any progress in my case.  Any time I called them my concerns were met.  Attorney Jon Mann was always very through in his responses.  I can't thank this law firm for taking excellent care of my case.

Beth Huffstutler

five star icons
Google icon5 star icon

The assistance we received from Mike Bradley has been a great experience. Mike communicated directly with us, answering our questions and concerns. He was always upfront and honest about our case. I would trust him completely with any legal matter. Mike's years of experience and extensive knowledge is evident in every interaction. Great attorney and firm!

Lee Huffstutler

five star icons
Google icon5 star icon

Outstanding firm!  Extremely pleased with the service, consistency & hard work of the firm as a whole and Michael Bradley as my representative.

Without a doubt, I would recommend anyone who is in need of a personal injury attorney to give Pittman, Dutton, Hellums, Bradley & Mann a call - good people that strive to look after your interests. Thanks for all you have done!

Larry Smith

five star icons
Social media icon5 stars icon

I have nothing but great things to say about this firm. Initially I mostly spoke to Rebecca & she made me feel very comfortable in a stressful situation. Later many of my calls were with Jon Mann & he also spoke to me with respect & thoughtfulness. Kind of strange but a close bond between lawyers & a client but not only did we discuss the matter at hand but we would discuss our personal lives & the good & bad going on in my life & their concern for my health was comforting. I would definitely recommend this firm! Keep up the great work guys.

Doris M.

five star icons
Social media icon5 stars icon

I feel very fortunate to have met this firm. During the first conference, my attorney made me feel totally at ease when sharing my situation with him. He has a way about him that makes you feel his sincerity and honesty. Thank you for taking my burden and for the wonderful job that you did to complete my case successfully. I am VERY PLEASED!

Cathye H.

five star icons
Social media icon5 stars icon

My case was one that was a part of a nationwide claim. I researched and prayed for the appropriate attorney and I found that in Mike Bradley. While my case lasted, Mike and his assistant Karen stayed current and knowledgeable on the status and updates. I never once called or emailed that one of them didn't respond to me immediately. Mike would call to answer an email because he felt it would be more personal and efficient than typing. I highly recommend this firm.

Tyna B.

five star icons
Social media icon

I would like to express my gratitude to Mr. Jon Mann of Pittman, Dutton, Hellums, Bradley & Mann. I am so grateful for your knowledge, passion, dedication, and professionalism you have exhibited through this entire ordeal. Mr. Jon Mann took in all the relevant information, analyzed it and created a plan to settle my case. Again, I value the help you've given me. Thank you!!

Emily W.

five star icons
Social media icon

I was very pleased with the work that Pittman, Dutton, Hellums, Bradley & Mann did for us. I had been injured in a car accident and was in quite a bit of pain for sometime. They always treated me like a person and not a case—never failed to return a call and kept us apprised of what was going on. I had a time when I had to be totally focused on recovery, they were able to take care of the situation and I didn’t have to worry about it. I owe this firm a lot of thanks.

Luxi Choi

five star icons
Social media icon

Pittman, Dutton, Hellums, Bradley & Mann prides themselves on hard work and proven results.They earnestly work to provide the best outcomes for their clients. It's truly been an honor to work with them.

Frequently Asked Questions


Are you ready to tell your story?

Using the web form below will begin the process of your free consultation, which is confidential and carries no obligation to hire our firm. Considering your safety, our consultations may be done via telephone or a video call format. During business hours expect to receive a return phone call within an hour. You will speak with one of our top-rated attorneys during your consultation who will attempt to provide you with reliable answers to your legal questions. We look forward to assisting you!

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
phone icon
(205) 322-8880
map icon
time icon

We are open and available 24/7!

Need to talk to a lawyer today?

CALL us today



Our law firm has received top awards from the country's most prestigious organizations recognizing leading law firms.

Million Dollar Advocates Forum
American Association for Justice
Best Law Firms 2022
Super Lawyers 2021

Have you been injured in an accident?