Impella Heart Pump Wrongful Death Lawsuit
What is believed to be one of the first Impella heart pump lawsuits was filed in the Circuit Court for the City of St. Louis in September 2024, over the wrongful death of Nancy June Urqhart, and the complaint (PDF) was removed to the federal court system in November 2024, where the manufacturer is now attempting to convince a federal judge to dismiss the claim.
The lawsuit was brought by Urghart’s widower and daughter, Christopher Urqhart and Amy Ehlersbrought, respectively, who claim that the Impella heart pump was defective and directly caused the death of their loved one.
Urqhart underwent open-heart surgery, including a mitral valve replacement, at SSM St. Louis University Hospital on September 9, 2022, according to the complaint. During the procedure, the Impella 5.5 device was utilized to support her heart function.
However, instead of supporting her recovery, the device 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.
Christopher Urqhart and Amy Ehlersbrought describe extensive damages as a result of the device’s defective design, including the loss of companionship, guidance, and support, as well as financial burdens, such as funeral expenses. The lawsuit also highlights the suffering Nancy endured in the days leading up to her death.
The lawsuit presents claims for negligence, defective design, failure to warn and breach of implied warranty of merchantability. It also seeks exemplary damages, alleging that the company showed complete disregard for patient safety.
Abiomed Seeks To Dismiss Impella Lawsuit
Shortly after removing the Impella lawsuit to the federal court system, Abiomed filed a Motion for Judgement (PDF) based on the pleadings, arguing that the family failed to state a claim upon which relief could be granted, and that the claims are preempted by federal since the product went through FDA pre-market approval.
The family filed an opposition (PDF) on January 3, 2025, outlining the basis for their claim and maintaining that Abiomed should not be insulated from liability based on the FDA approval, 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.
“Plaintiffs are the husband and daughter of Nancy June Urquhart, deceased, who died on September 12, 2022, three days after… an open-heart surgical procedure during which a product designed, manufactured and sold by the Defendant and used in this surgical procedure caused Nancy June to suffer intravascular hemolysis, which caused her death,” the family states in their response. “The product… was used as a pump during Nancy June’s cardiac surgery and this was the purpose for which it was manufactured. However, this product was unreasonably dangerous when sold by Defendant and as a result, it failed, causing Plaintiffs to lose their wife and mother.”
Abiomed filed a final Reply (PDF) this week, on January 13, 2025, indicating that the lawsuit should be dismissed since the plaintiffs have failed to articulate what the specific manufacturing defect was, or how that defect caused Nancy June Urquhart’s injuries.
Abiomed also urged the court to deny the plaintiffs’ request to amend their complaint or conduct further discovery, arguing that any amendments would be futile. The company stated that the plaintiffs had not demonstrated how they could overcome the legal barriers of federal preemption or substantiate their claims with new evidence. The court’s decision on Abiomed’s motion in this early Impella lawsuit will significantly shape the future of not only this case, but also others that could follow.