Patient Wins Unnecessary Pacemaker Lawsuit

As a partner in the Albuquerque, New Mexico, firm of McGinn, Carpenter, Montoya & Love, Kathleen “Kathy” Love represents individual clients against large corporations and insurance companies. She is based in Albuquerque, but represents clients state wide. Kathy Love fights not only for fair monetary compensation for her clients, but also for policy changes that help to avoid further suffering.

In September, 2014, Kathy Love and her firm won a $67 million verdict on behalf of their client who had been defrauded into having an unnecessary pacemaker implanted into his chest. The suit alleged that medical device manufacturer Biotronik offered kickbacks and other illegal financial incentives to induce a doctor to implant pacemakers into patients who did not need them to increase sales of its defibrillators and pacemakers. At trial, Kathy Love and her firm proved that the helped place Dr. Demosthenis Klonis at Mountain View Hospital and Memorial Medical Center, where they provided him with compensation that nearly quadrupled his return per implant.

Meanwhile, patients received the implant at a 300 percent markup through the hospital. Attorneys on the case stated that the jurors’ decision against Biotronik sent a message to Biotronik and companies like it that citizens of Las Cruces, New Mexico will not tolerate such deception that puts profits above patient safety.

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