According to the original Urqhart family lawsuit, an Impella pump was used to keep her heart functioning during a mitral valve replacement in September 2022. However, instead of supporting her recovery, the Impella caused “intravascular hemolysis,” a dangerous breakdown of red blood cells within the blood vessels.
According to the lawsuit, the Impella device used during surgery was dangerously defective and improperly manufactured, with a specific flaw that prevented the pump’s lead from releasing properly after the procedure.
This defect disrupted normal blood circulation, leading to severe complications that culminated in Nancy’s death just three days later, on September 12, 2022, according to the complaint.
In a Motion for Leave to Amend (PDF) filed on January 31, the Urqhart family announced that Nancy Urqhart’s widower, Christopher Urqhart, who was one of the original plaintiffs, has now also died. As a result, Amy Ehlers, the surviving daughter, submitted an updated Impella lawsuit.
The amended complaint not only adjusted its language due to the husband’s death, but that it also sets out the claims with more specificity.
Abiomed Trying to Have Impella Lawsuit Dismissed
Shortly after the lawsuit was removed to the federal court system last November, the manufacturer Abiomed filed a motion to dismiss the original complaint, claiming the family failed to state a proper claim, and that the lawsuit was preempted by federal law because the Impella device was approved for use by the FDA.
The family filed an opposition brief last month, indicating that the manufacturer failed to inform the Court that the product has been found to have defects and flaws in the manufacturing process, which resulted in a recall of the product involved in the case.
The company replied in mid-January, but no decision on the motion has yet been announced. It is unclear what impact the amended complaint will have on the pending motion.