Richard Wellington's attorney, Andrew J. Sisinni, claims that on October 24, 2016, Wellington underwent surgery to implant a pain stimulator device manufactured by St. Jude Medical. However, due to an error by St. Jude's representative Laurel Learn, the wrong device was implanted. This mistake necessitated multiple additional surgeries and led to severe complications including a staph infection.
The plaintiff asserts that Abbott Laboratories acquired St. Jude Medical in January 2017 and assumed all its liabilities. Wellington is seeking damages for physical pain, emotional distress, permanent scarring, medical expenses, and loss of life's pleasures among others.
Mr. Wellington has filed a lawsuit against St. Jude Medical, Inc. and Abbott Laboratories in the Court of Common Pleas of Erie County, Pennsylvania (Docket No.: 12621-2018) on February 2024. and was later transferred to the US District Court - Western District of Pennsylvania.
Wellington demands judgment in excess of $50,000 plus interest and costs from both defendants for negligence. Additionally, he seeks punitive damages amounting to $1 million for what he describes as willful and grossly negligent misconduct by St. Jude Medical's representative.