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A HeartMate II device is meant to be a lifeline, a piece of technology entrusted to take over the work of a failing heart. Patients with end-stage heart failure rely on this device, placing their trust in the manufacturer to provide a product that is safe and life-sustaining. When that trust is broken—when the device designed to extend life is linked to severe, unexpected complications—the consequences are devastating. 

Medical device manufacturers have a legal and ethical duty to ensure their products are safe. HeartMate Heart Pump II lawsuits have emerged from allegations that this fundamental duty was breached.

If you or a family member suffered complications after being implanted with a HeartMate II or HeartMate 3 device, we’re here to help you understand your legal options. Our team at Ferrer Poirot Feller has been holding corporations accountable for decades. We know that a complex legal claim is the last thing you want to manage while focusing on your health. 

Call us today for a free, no-obligation consultation to discuss your case at (866) 720-9962.


Why Choose Ferrer Poirot Feller?

For over 40 years, Ferrer Poirot Feller has focused on representing individuals harmed by the negligence of others, including powerful medical device corporations. Our attorneys handle complex mass tort cases nationwide from our office in Dallas, Texas. We have the resources and the background to stand up to large manufacturers and fight for the compensation you need to move forward.

We believe in providing direct and personalized attention to every client. This means:

  • A Free and Confidential Consultation: We will review the details of your situation at no cost to you and explain your options in clear, simple terms.
  • A Contingency Fee Basis: You pay no fees unless and until we secure compensation for you. Our payment is a percentage of the recovery we obtain, which means our goals are directly aligned with yours.
  • Direct Access to Your Legal Team: We prioritize clear communication, ensuring you are informed and your questions are answered throughout the process.

While our principal office is located at 8111 LBJ Freeway in Dallas, our reach is national. We represent clients from all 50 states in federal mass tort litigations, like those involving the HeartMate devices. You do not need to be in Texas for us to handle your claim.

A Lifeline with Alleged Flaws

Left Ventricular Assist Devices (LVADs), such as the HeartMate II and HeartMate 3, are mechanical pumps designed to support a weakened heart. Think of it as a mechanical assistant for your heart, helping it circulate blood when it can no longer manage the task on its own. 

For many, it is a bridge to a heart transplant or a long-term solution for managing end-stage heart failure. The manufacturer, Thoratec Corporation, was acquired by St. Jude Medical, which was later acquired by Abbott Laboratories.

A Pattern of Problems: Recalls and FDA Warnings

The history of the HeartMate pumps has been marked by a series of serious safety concerns, leading to multiple recalls and warnings from the U.S. Food and Drug Administration (FDA).

The Outflow Graft Issue

A significant issue involves what is known as “outflow graft occlusion.” This occurs when the tube that carries blood from the pump twists or kinks, cutting off blood flow. Imagine a garden hose suddenly developing a kink; the water stops flowing instantly. 

When this happens with an LVAD, the interruption of blood flow can lead to catastrophic health consequences. The FDA has issued Class I recalls for both the HeartMate II and HeartMate 3 devices due to this problem. A Class I recall is the most serious type, reserved for situations where there is a reasonable probability that a device will cause serious adverse health consequences or death.

The Risk of Thrombosis

Another well-documented problem is pump thrombosis, which is the formation of blood clots inside the pump itself. The internal mechanics of the device can cause blood to coagulate, obstructing the pump or, even more dangerously, allowing a clot to break free and travel to the brain, causing a stroke. Studies have highlighted an unexpected and significant increase in the rate of thrombosis with the HeartMate II. One multi-institutional study found that the incidence of pump thrombosis increased sharply after March 2011.

HeartMate 3 Complications

Even the newer HeartMate 3, which was designed to mitigate the risk of thrombosis, has faced recalls and scrutiny. In February 2024, Abbott initiated a recall for both the HeartMate II and HeartMate 3 systems because of the risk of biological material building up and obstructing the outflow graft, an issue that has been linked to at least 14 deaths and 273 injuries.

What Legal Claims Are Being Made?

The core of the HeartMate lawsuits is that the manufacturer may be legally responsible for those injuries. The claims generally fall into a few key categories:

  • Defective Design: This argument asserts that the HeartMate pumps were designed in a way that made them unreasonably dangerous. The potential for the outflow graft to kink or for blood clots to form at a high rate is considered an inherent flaw in the product’s design.
  • Failure to Warn: This claim alleges that the manufacturer knew, or should have known, about the significant risks of thrombosis and graft occlusion but failed to provide adequate warnings to doctors and patients. The information provided may have understated the true frequency and severity of these life-threatening events.
  • Negligence: This is a broader legal concept that simply means the manufacturer failed to exercise reasonable care in the design, manufacturing, and sale of the device. That failure, in turn, directly led to a patient’s injury.

What is Multidistrict Litigation (MDL)?

When hundreds or thousands of people across the country file similar lawsuits against the same company for injuries caused by the same product, the cases are often consolidated into a Multidistrict Litigation, or MDL. This process streamlines evidence gathering (known as discovery) and makes the legal process more efficient.

It is important to understand that an MDL is not a class-action lawsuit. In an MDL, your case remains your own. Any potential settlement or decision to go to trial is based on the specific details of your injuries and your situation. An experienced attorney will explain how an MDL might affect your HeartMate pump lawsuit.

The Statute of Limitations: A Deadline You Cannot Miss

A statute of limitations is a law that sets a strict time limit on your right to file a lawsuit. If you miss this deadline, you may be permanently barred from seeking compensation. These laws vary by state, but many jurisdictions apply what is known as the “discovery rule.”

In simple terms, the discovery rule means the clock on the statute of limitations doesn’t start ticking on the date the pump was implanted, but on the date you knew or reasonably should have known that your injury was caused by the device. These deadlines are complex and are not something to determine on your own. Discussing your timeline with an attorney as soon as you suspect a problem is the best way to protect your right to file a claim.

What Compensation Could I Recover?

The goal of a lawsuit is to secure financial compensation to cover the immense losses you have suffered due to a defective medical device. While no amount of money can undo the harm, it can provide the resources needed to regain stability. Every case is unique, and the value of a claim depends entirely on the specifics of the harm you have endured.

Economic Damages: The Tangible Costs

These are the straightforward, calculable financial losses that come with receipts and bills.

  • Medical Expenses: This covers everything from emergency room visits, revision surgeries, and extended hospital stays to prescription medications, rehabilitation, and the projected costs of any future medical care you may need.
  • Lost Wages: If your injury or the necessary medical treatments have forced you to miss work, you can pursue compensation for that lost income.
  • Loss of Earning Capacity: If your injury has permanently diminished your ability to work or earn at the same level as before, this compensates for that future financial loss.

Non-Economic Damages: The Intangible Harms

Some of the most significant losses do not have a price tag but are just as real and devastating.

  • Pain and Suffering: This accounts for the physical pain, emotional distress, and mental anguish you have been forced to endure as a result of the device’s failure.
  • Loss of Enjoyment of Life: This provides compensation for the ways your injury has limited your ability to participate in and enjoy daily activities, hobbies, and relationships.
  • Loss of Consortium: In some cases, the spouse of an injured person may file a claim for the loss of companionship, affection, and services resulting from their loved one’s injury.

Steps to Protect Your Health and Your Legal Rights

While your legal team will handle the lawsuit, there are practical steps you should take to protect both your health and your ability to bring a successful claim.

  • Follow Your Doctor’s Orders: Your health is the absolute top priority. Adhering to your medical treatment plan is not only essential for your well-being but also demonstrates that you are doing everything possible to mitigate your injuries.
  • Keep a Health Journal: Document your daily experience. Make notes about your pain levels, symptoms, medical appointments, and the specific ways your injuries are impacting your daily life. This creates a detailed, real-time record that can be far more compelling than memory alone.
  • Gather Your Records: Keep all paperwork related to your medical care and the device in one place. This includes hospital bills, explanation of benefits statements from your insurer, and any device-specific information you were given at the time of your implant.
  • Preserve the Device (If Possible): If your HeartMate pump is explanted (surgically removed), it becomes a critical piece of evidence. You should inform your medical team that you want the device to be preserved for legal and evidentiary purposes.
  • Avoid Discussing Your Case on Social Media: It has become standard practice for corporate legal teams and insurance companies to search social media for any posts that could be used to undermine a claim. A single photo or comment taken out of context could be damaging. It is best to refrain from posting about your health or legal situation.
  • Do Not Sign Anything Without Legal Review: Never accept an offer or sign any documents from the device manufacturer or their representatives without first having an attorney review it. You could unknowingly sign away your rights.

Answering Your Questions About HeartMate Lawsuits

How do I know if my specific HeartMate II or 3 problem is related to a known defect?

It can be very difficult to know for sure without a comprehensive review by medical and legal professionals. Symptoms such as sudden shortness of breath, low-flow alarms from the device, abdominal pain, or neurological issues (like those associated with a stroke) could be signs. The most reliable way to find out is to discuss your specific medical events with an attorney who is handling these types of cases.

Can I file a lawsuit if my loved one passed away due to complications?

Yes. If it is believed that a defective HeartMate device contributed to or directly caused a death, the surviving family members may be able to file a wrongful death lawsuit. This type of claim seeks compensation for the family’s losses, which could include funeral expenses, the loss of financial support, and the loss of companionship.

I live in a different state from your office in Texas. Can you still represent me?

Absolutely. Lawsuits against medical device manufacturers like Abbott are typically filed in federal court. We represent clients from all across the United States in these matters and have the resources to manage your case regardless of where you reside.

How long will a HeartMate lawsuit take?

Complex medical device litigation takes time, sometimes several years to resolve. Because these cases are frequently consolidated into an MDL, the timeline is influenced by the progress of the larger group litigation. However, our team will be actively working on your individual case throughout the process, and we will keep you informed every step of the way.

Take the First Step Toward Accountability

Your concerns deserve to be heard.

Let our experience be your guide. Contact the attorneys at Ferrer Poirot Feller today for a free, confidential case evaluation. Call us at (866) 720-9962 or fill out our online form to get started.