Kansas City Surgical Stapler Lawsuit Lawyers

Goza & Honnold Handling Surgical Stapler and Staple Injury Cases

Surgical staplers are used in a wide range of medical procedures to connect, seal, or divide tissue. When these devices function properly, they can help surgeons perform complex operations efficiently.

However, surgical stapler malfunctions and complications involving surgical staples have raised serious patient safety concerns.

Problems involving improperly formed staples, device misfires, or failures to seal tissue may contribute to severe bleeding, infection, additional surgeries, and other potentially life-threatening complications.

At Goza & Honnold, LLC, our Kansas City defective medical device attorneys have experience handling complex product liability claims involving allegedly dangerous medical products.

Our firm serves individuals and families throughout Kansas, Missouri, and beyond who have questions about injuries potentially connected to surgical staplers and staples.

What Are Surgical Staplers?

Surgical staplers are medical devices used to close incisions, connect tissue, or cut and seal tissue during certain surgical procedures.

They may be used in operations involving the digestive tract, lungs, and other parts of the body.

Common procedures that may involve surgical staplers include:

• Gastrointestinal surgery
• Colorectal surgery
• Bariatric or weight loss surgery
• Thoracic and lung surgery
• Certain cancer-related procedures
• Other abdominal or minimally invasive operations

Surgical staplers and the staples they deploy are separate medical products, and the FDA regulates them under different requirements.

Some staples are designed to remain inside the body permanently, while others are used externally and removed after healing.

How Can Surgical Staplers Malfunction?

Surgical staplers are designed to place staples precisely and, in some procedures, cut tissue at the same time.

When a device fails to operate as intended, serious complications may occur.

Potential problems include:

Stapler Misfires

A stapler may fail to deploy staples correctly or may not complete its intended firing sequence.

Depending on the circumstances, this can leave tissue inadequately closed or sealed.

Malformed Staples

Staples may not form correctly, potentially preventing tissue from being securely connected.

Improper staple formation may contribute to bleeding or leakage.

Failure to Seal Tissue

If a stapled connection does not hold properly, fluids or contents from an organ may leak into surrounding tissue.

This can be particularly serious in gastrointestinal procedures.

Device Component Failures

Mechanical problems involving the stapler or its components may interfere with proper operation.

Incorrect Staple Size or Device Selection

Complications may also occur when an inappropriate device or staple size is selected for the tissue involved.

Some of these situations may involve product defects, while others may raise questions about surgical technique, training, or medical judgment.

Determining the cause of a complication requires careful investigation.

What Injuries May Be Associated With Surgical Stapler Problems?

Complications involving surgical staplers and staples can range from treatable postoperative problems to life-threatening injuries.

Potential injuries include:

• Internal bleeding
• Infection
• Sepsis
• Tissue or organ damage
• Fistulas
• Leakage from a stapled surgical connection
• Additional surgical procedures
• Extended hospitalization
• Permanent complications
• Death

Internal Bleeding

A stapler malfunction or failure to properly secure tissue may contribute to bleeding during or after surgery.

Severe bleeding can require emergency treatment, blood transfusions, or additional surgery.

Infection and Sepsis

If a stapled connection fails, bacteria or other contents may escape into surrounding areas.

In some circumstances, this can lead to serious infection or sepsis, a life-threatening response to infection.

Fistulas and Surgical Leaks

A fistula is an abnormal connection between organs or tissues.

Surgical leaks and fistulas can develop following certain gastrointestinal procedures and may require extensive treatment.

Tissue and Organ Damage

Improper stapling, device malfunction, or other complications may cause injury to surrounding tissue or organs.

Not every complication following stapler use establishes that the device was defective.

FDA Reports Involving Surgical Staplers and Staples

The U.S. Food and Drug Administration has issued safety communications addressing problems associated with surgical staplers and implantable staples.

In 2019, the FDA reported receiving more than 41,000 medical device reports involving surgical staplers and staples for internal use between January 1, 2011, and March 31, 2018.

Those reports included approximately:

• 32,000 device malfunctions
• 9,000 serious injuries
• 366 deaths

The reports raised concerns about problems such as improper staple formation, device misfires, difficulty firing, and failure to deploy staples.

These figures represent adverse event reports, not confirmed findings that every injury or death was caused by a defective surgical stapler.

Adverse event reporting can help regulators identify potential safety problems, but the reports alone cannot establish how frequently a complication occurs or determine legal responsibility.

FDA Safety Actions and Surgical Stapler Recalls

Following concerns about surgical stapler safety, the FDA took additional regulatory steps involving these devices.

In 2019, the agency issued recommendations to health care professionals regarding the safe use of surgical staplers and staples for internal use.

The FDA also moved to strengthen oversight of surgical staplers, including reclassifying certain surgical staplers from Class I to Class II medical devices.

This change established additional regulatory controls intended to address safety and effectiveness.

Certain surgical stapler products have also been subject to recalls or other corrective actions.

A recall may involve a specific manufacturer, device model, production lot, or identified safety issue.

A recall does not necessarily mean that every product made by a manufacturer is defective, and the absence of a recall does not automatically rule out a potential legal claim.

Which Manufacturers Have Been Involved in Surgical Stapler Safety Concerns?

Surgical stapler safety concerns have involved products from multiple medical device manufacturers.

Manufacturers associated with surgical stapler products include:

• Ethicon, a Johnson & Johnson company
• Medtronic
• Other manufacturers of surgical stapling systems and implantable staples

The relevance of a particular manufacturer depends on the device used during surgery, its model, the circumstances of the complication, and available evidence.

An attorney may need to review hospital purchasing records, operative reports, and device identification information to determine which product was involved.

Do I Have a Potential Surgical Stapler Lawsuit?

If you or a loved one experienced a serious complication following surgery involving a surgical stapler, you may have questions about whether a legal claim is available.

Factors an attorney may evaluate include:

• The type of surgical procedure performed
• When and where the surgery occurred
• The manufacturer and model of the stapler
• Whether a device malfunction was documented
• The type of complication or injury
• Whether emergency treatment was required
• Whether additional surgery was necessary
• The patient’s medical history
• Whether the injury may have involved a product defect or medical error
• Applicable Kansas or Missouri filing deadlines

Not every surgical complication supports a product liability lawsuit.

An attorney can help determine whether further investigation may be appropriate.

Who May Be Responsible for a Surgical Stapler Injury?

The circumstances surrounding a surgical stapler injury may involve different legal issues.

Defective Medical Device Claims

A product liability claim may involve allegations that a surgical stapler or staple was defectively designed, improperly manufactured, or accompanied by inadequate warnings or instructions.

Depending on the circumstances, a manufacturer or another legally responsible party may be involved.

Medical Malpractice Claims

Some injuries may result from improper device selection, surgical technique, or other alleged departures from the applicable standard of medical care.

These situations may involve medical malpractice rather than a defective product.

Cases Involving Multiple Factors

In some cases, a surgical complication may involve questions about both the device and the way it was used.

Determining responsibility often requires medical records, technical evidence, and expert review.

What Evidence Is Important in a Surgical Stapler Case?

Surgical stapler claims often involve complicated medical and technical questions.

Potentially relevant evidence includes:

• Operative reports
• Hospital records
• Device manufacturer and model information
• Surgical notes describing a malfunction
• Imaging studies
• Records of postoperative complications
• Emergency treatment records
• Documentation of additional surgeries
• Medical expenses
• Records of lost income

In some cases, expert testimony may be necessary to evaluate whether a device malfunctioned and whether that malfunction contributed to the injury.

What Compensation May Be Available?

Depending on the circumstances and applicable law, damages in a successful surgical stapler injury claim may include:

Medical Expenses

Costs associated with emergency treatment, additional surgeries, hospitalization, rehabilitation, and ongoing medical care.

Lost Income

Wages lost during recovery and, where supported by the evidence, diminished future earning capacity.

Pain and Suffering

Depending on applicable law, compensation may be available for physical pain, emotional distress, permanent limitations, and reduced quality of life.

Wrongful Death Damages

When a qualifying injury results in death, eligible family members or representatives may have questions about a potential wrongful death claim.

The availability and amount of compensation depend on the individual facts and applicable law.

No particular outcome can be guaranteed.

Why Choose Goza & Honnold?

Experience With Complex Medical Device Litigation

Goza & Honnold’s attorneys have decades of experience handling complex litigation involving medical devices, pharmaceuticals, and allegedly defective products.

Experience on Both Sides of Product Liability Cases

Members of our legal team previously represented corporate defendants in complex product liability litigation.

That background provides insight into how medical device manufacturers and opposing counsel may investigate and defend claims.

Personal Attention to Your Case

A serious surgical injury can create unexpected medical expenses, prolonged recovery, and lasting physical limitations.

Our attorneys take the time to understand the circumstances, evaluate relevant evidence, and explain the legal options that may apply.

Kansas City Surgical Stapler Lawyers Serving Kansas and Missouri

Goza & Honnold serves clients throughout the Kansas City metropolitan area, including Kansas City, Kansas; Kansas City, Missouri; Overland Park; Johnson County; and surrounding communities.

Our attorneys also handle select complex medical device litigation matters beyond Kansas and Missouri.

Whether you are researching a Kansas surgical stapler lawsuit or a Missouri defective medical device claim, our team can help you understand the legal considerations involved.

Contact a Kansas City Surgical Stapler Lawsuit Attorney

If you or a loved one experienced a serious injury following surgery involving a surgical stapler or implantable staples, you may have questions about your legal options.

Goza & Honnold has experience handling complex medical device litigation and can discuss whether your circumstances warrant further legal evaluation.

Call (913) 451-3433 or contact Goza & Honnold online to schedule a consultation.

Goza & Honnold, LLC 9500 Nall Avenue, Suite 400 Overland Park, KS 66207

The availability and value of any legal claim depend on the individual facts, medical evidence, applicable law, filing deadlines, and other circumstances. Past results do not guarantee future outcomes.