West Virginia residents may be interested in hearing about a man from another state who is currently seeking monetary damages via a lawsuit that he has filed against a medical device company as well as his landlord. Apparently, the plaintiff is alleging that aged wiring and too few circuit breakers resulted in the malfunctioning of his oxygen tanks. As a result, the defective medical devices caught fire and exploded, which resulted in irreversible injuries for the man.
The lawsuit was just recently filed in civil court, but the actual incident took place in 2013. The man had lived at his home since 2008. He did not have oxygen tanks in his home until 2012 when he was diagnosed with sleep apnea. He started using oxygen tanks connected to a CPAP device to help his breathing during sleep.
Unfortunately, early one morning in the middle of December 2013, a fire started beneath his bed. This was allegedly caused by his defective oxygen tanks overheating. In addition, the plaintiff asserts that the fire spread as a result of the landlord’s failure to install more circuit breakers and update the home’s electrical wiring.
The man is seeking financial remuneration for the injuries — temporary and permanent — that he suffered as a result of the defective tanks and fire. Medical devices are offered to patients who need assistance in improving a health-related condition, and they are not supposed to cause direct harm to the patient. When this happens, the accountable parties need to be held responsible for their involvement in the design, production or selling of defective medical devices. It may be possible for victims to recover financially by filing a product liability suit in West Virginia civil court.
Source: cookcountyrecord.com, “Sleep apnea patient blames medical device manufacturer, landlord for injuries“, Robert Hadley, Dec. 23, 2015