Txagq8 wrote:John:
Since it appears that the first, if not both, were due to device failure…..have you spoken to the patient rep/advocate from the manufacturer?
What has the surgeon actually told you? Total replacement and full book price? What are they telling you the deal is?
Neither IPP manufacturers, surgeons, nor hospitals want the bad PR that a malpractice suit or faulty product litigation would entail.
Yes, I’d be prepared to talk to a lawyer and seek legal remedy.
But before I did that I would give the other parties the opportunity to make it right.
Their hope might be if they ignore it the problem will go away. Have you asked them - what do we do now?
I suspect both AMS and Coloplast have a policies and procedures manual for what their responsibility is when their QA/QC screws up and they install a bad implant. Ask their rep to see it or send you copies.
I don’t know how far along you are in trying to get all the participants in your shit show to do the right thing….which is to go back in and reimplant you.
Although in truth, it might not be that tough. It might be as simple as a connection wasn’t secure and has come loose. Sometimes (not always) that can be fixed via simple repair.
Stay on the high road. Don’t get nasty. Ask them for their plan to fix this fuck up. Put the burden where it belongs. You didn’t self-install faulty equipment. There are expressed and written warranties, not to mention the implied warranty that the device will function as advertised.
I’m not a lawyer nor do I play one on TV although I’ve watched a lot of lawyer shows. I think you have every right to expect to be made whole without further out of pocket expense.
Worst case scenario: find out dollar value limit for small claims court in your area. (Here it’s $20,000). Get a couple or 3 cost estimates from high volume guys with self pay options. (These numbers are gonna be close to $20K). Send surgeon a demand letter telling him to fork over the money for you to have this done properly since he was unable to fulfill his original agreement with you, ie provide you with a functional dick equipped with penile implant. If he sends a check, go have it done elsewhere. If he says he’ll do it with no additional cost…think about it. If he refuses take him to small claims and win.
I doubt the Doc is going to want a jury trial when he has messed up someone’s junk.
I have been to all parties. Boston Scientific will replace the device, just not the associated cost of Drs fees and hospital fees. They have been great and given me info to try to force insurance to do what's right. If it was up to my Dr, I'm positive he would do it without delay, but it's the practice's billing dept that wants up front fees paid because of my insurance screwing them over. Hospital is a different story, they're being total asses told me yeah we can do a payment plan - 12 payments over 12 months on a 42k bill, I told them I only make 43k a year. They then referred me to financial assistance who then informed me I don't qualify because the charges are over 7 months old and because I have insurance and even though insurance won't pay, having insurance basically disqualifies me. My Dr is great and I would continue to see him but I think insurance has ruined that chance for me.
The first device I'm going to say the hospital screwed it up. A pinhole ( both Dr and Boston Scientific Rep said it looked like a needle hole ) and just chalked it up to patient error ( I know better and told them both that I used the last of my Trimix a few days before surgery because I wouldn't need it after ) and the hole was in the left cylinder, I only gave the shots in the right side because that was the only side that worked consistently. I have read where Drs give a long lasting pain shot into the penis either before or during the surgery ( before placement of device ) if so, then I believe the hospital screwed that one up and gave me the shot after surgery as that is the only way I could have gotten a needle hole in the left cylinder.
This revision one feels like the connection where the tubing from the pump and reservoir connect has either broken, the tubing broke, or the tubing worked or pulled free from the connector. Can't know for sure unless it's opened up and looked at. Just going by what I "feel" down there. I do know I also feel a somewhat pointed end on what I believe is the tubing from the reservoir and yeah it pokes me every so often and makes my scrotum itch like crazy for a short time.
So yes Boston Scientific really wants to help out but are limited to device replacement only not the Drs and hospital fees needed for the replacement ( kinda stupid as I told them it's not like they can give it to me and let me replace it on my own. ) My Dr wants to help but the practice's billing won't due to insurance screwing them, and the hospital is just plain being total jerks and not wanting to work with me to help out.
So yeah just screwed right now. Waiting to hear from my works HR who is looking into it and if that doesn't work or if I hear nothing before my birthday next month I will be seeing a lawyer to get this fixed. Anybody know a good lawyer in the Atlanta GA area and what type of lawyer I need to see?
AMS 700 CX 21cm x 12mm with 1.5cm RTE, MS pump, and Conceal Reservoir. Implanted on 4-12-2023 removed and replaced 6-22-23 with the same, 1st implant surgery had pinhole leak in left cylinder. Now awaiting third surgery unknown failure.