ECT Lawsuit in Florida
From May 16, 2014 to July 27, 2016, Plaintiff Jeffrey Thelen underwent 92 sessions of Electroconvulsive Therapy (“ECT”) using the Thymatron System IV device in Omaha, Nebraska. This ECT device was manufactured by Elektrika and supplied to Somatics which, in addition to also manufacturing the ECT device, promotes and distributes the device. Plaintiff alleges that undergoing ECT treatment with this device caused permanent neurological damage impairing his ability to memorize, retain, and recall information. Plaintiff further alleges that despite knowing of the substantial risks associated with ECT treatment, Somatics and Elektrika manufactured and distributed the device and failed to warn Plaintiff of those risks.
On July 24, 2020, Plaintiff filed a seven-count complaint against Somatics and Elektrika, alleging: negligence (Count I), strict liability (Count II), breach of implied warranty of merchantability (Count III), breach of implied warranty of fitness (Count IV), breach of express warranty (Count V), violation of the Nebraska Consumer Protection Act (“NCPA”) (Count VI), and fraudulent misrepresentation (Count VII). Plaintiff seeks punitive damages.
Thelen v. Somatics, LLC, Case No. 8:20-cv-1724-TPB-JSS (M.D. Fla. Mar. 31, 2021)
Read summary – Thelen v. Somatics, LLC, Case No. 8:20-cv-1724-TPB-JSS | Casetext Search + Citator
Other court documents:
FURTHER READING & ACTION
- History of the FDA’s regulation of the ECT device – The FDA’s Regulation of ECT (Shock Treatment): A Beginner (or Refresher) Course | NARPA
- Somatics LLC previous lawsuit – ECT Lawsuit Victory – Riera v. Somatics, LLC, 2018
- Somatics LLC admits device causes brain damage in regulatory update – ECT Device Manufacturer Acknowledges Brain Damage as a Risk of Electroconvulsive Therapy
- The impact of litigation – ECT Device Maker Mecta Corp. Files Chapter 11 After Lawsuits Hinder Access to Liability Insurance
- How to file a ECT lawsuit – Litigation tips
- How to file an adverse medical harm report – Action page
