Suing a CI Corporation - Crazy Idea!

G

Gemma

New Member
Joined
Jan 24, 2007
Messages
1,125
Reaction score
0
I ran into a girlfriend over the weekend and she was telling me that her husband plans to sue the CI corporation where she got her CI from. :eek3:

I was flabbergasted - her husband is hearing and is very angry that his wife is not "cured" and that she still has to read lips and that she still cannot hear him calling out to her from another room, etc. She has had it for 3 years and it did not help her much in sound/voice recognition. I told her all these years that she has to be patient and keep practicing. You just dont get it and bingo you are cured! (by the way she was 47 when she got it - thus she missed out on the window opportunity)

This is an example of how SOME hearing people think that CI is a cure. He was expecting his wife to be 100 percent cured but that wasnt the case so he is going to sue.

I know that he will not win the case but I am more concerned about the myths/false information. This is destroying her marriage as he refuses to accept her deafness even though they have been married over 20 years. She was hard of hearing when they first married and her hearing gradually deterioated over the years so her hubby was expecting her to return to what she was before.

I know that my family did expect to see a miracle when I first got my CI three years ago but they quickly came to realization that it is just a tool - they do notice that I have improved my lipreading skills but I still dont recognize sounds/voices quickly. As time goes by, I pick up more and more recognition but apparently it is not working for my friend.

Hence, CI works differently for each individual but it is sad that her husband will not accept it even after forcing her to get it reimplanted, thinking that the processor was defective. :eek3:
 
That's a sad story :cry: If I were in smilar situation on my deafness, my heart would broken into thousands pieces :(

I never heard anyone on this board who claimed that CI is a cure.. CIs and HAs are only aid tools for supporting our comforts if we feel a need to them .
 
Wow! That's extreme to go and sue them. It depends on what he was told by the corporation. About 13 years ago, I went to the audi for new HAs and he told me about the CI. That was my first time I learned about them. I just distinctly remember him telling me that I could talk on the phone, hear without lipreading, and some other stuff and I remember getting all excited. What stopped me was when he told me that there was surgery involved. Anyways, having said that, if I had gone thru with it expecting it to work the way that audi told me it would work and it didnt? U bet I would have sued that audi!


Some of the parents that have implanted children admitted that they expected the CI to make their kids to do all the things with their "hearing" and when it didnt happen, they got very discouraged. I forgot to ask them if their audi or doctors told them all these expectation or cautioned them but they still had high hopes anyway.

It sounds like your friend's hubby just cannot accept her for who she is..a deaf person. It seems like he put too much expectations on the CI to solve their problems but I have a feeling it goes deeper than that.

That's really heartbreaking for your friend to have to put up with this. She needs the support from him.
 
He will loose and spend alot of money and effort for nothing. Unless he has it in writing from the CI company that certian expectations will be met. Most likely he doesn't. Or else this is some sue happy lawyer egging him on... :dunno:
 
highlands said:
That's a sad story :cry: If I were in smilar situation on my deafness, my heart would broken into thousands pieces :(

I never heard anyone on this board who claimed that CI is a cure.. CIs and HAs are only aid tools for supporting our comforts if we feel a need to them .
Click to expand...
Exactly!! I have never heard of anyone that believes a CI is a cure or will even rival natural hearing in those that the CI works for. If any doctor or coropration makes those cliams then they should be sued.
 
Indeed. No responsible doctor or audiologist would say this is a cure for deafness. They'd be hit with tons of lawsuits if they ever said that.
 
LOT, LOT, LOT of hearing people thought CI was a "cure" for the deaf people which make them far more idiot. Sorry for my attitude, anyway I would never date with someone who desiring me to hear.

Good luck to that man. :-/
 
It sounds like these people should not sue the ci company, but go to a divorce lawyer. Its a marriage problem not a CI problem. I don't even agree that it is a hearing against deaf issue. My husband is hearing and I have CIs. We have been marriage for 18 years since I was 20, so my hearing is no surprise to him. We both are under no illusion that the CI would make me "hearing." It a tool to assist me with hearing.
 
I agree that this couple obviously has some problems other than the CI not working, and that the lawsuit is not the answer. But, it is an illustration that there are those cases out there where the parent or the spouse does not hear what the doctor is really saying, but what they want to hear. It is unfortunate that those attitudes are still out there.
 
geez, people are suing over the smallest most stupid things these days.... good grief!
 
Gemma said:
I ran into a girlfriend over the weekend and she was telling me that her husband plans to sue the CI corporation where she got her CI from. :eek3:

I was flabbergasted - her husband is hearing and is very angry that his wife is not "cured" and that she still has to read lips and that she still cannot hear him calling out to her from another room, etc. She has had it for 3 years and it did not help her much in sound/voice recognition. I told her all these years that she has to be patient and keep practicing. You just dont get it and bingo you are cured! (by the way she was 47 when she got it - thus she missed out on the window opportunity)
Click to expand...

Assuming that she didn't have good voice/speech recognition before the implant then the husband's expectations are way too high. I can't see how he can win this lawsuit. CI companies and doctors do not generally claim to cure hearing and do not promise specific results. Prior to both my surgeries, my surgeon had me sign a document that clearly stated that results can vary from person to person and that it's not a cure for deafness.

I feel sorry for the wife, it must be galling for her to see all the disappointment on his face every time she doesn't do as he expects.

I agree with you, some people (both hearing and deaf) need more education about CIs in terms of how they work, what results you can expect and so on.
 
This is a problem on several fronts;

1) A martial issue
2) Acceptance issue
3) Expectation issue <== Biggest problem!

Bottomline - A lawsuit isn't going to help the situation any. If anything, it will make it a whole lot worst. Of course, he will lose.

Very sad situation all around.
 
You've summed it up well. They probably need marriage counselling too on top of everything else.
 
Lawsuit wise, he has no chance. Obviously he is not aware of the fine print associated with obtaining an implant, thus it will be his ignorant word against this legal release she agreed to prior to surgery. As for her relationship, it's a whole other matter and she will have to seek additional legal means if he becomes incredibly stupid even further.
 
Agreed all around!
Oh, and one would think that she would have somewhat really benifited from the CI, since she was hoh, and developed a progressive loss.
 
I am sorry that their marriage is in trouble. Gemma, please fill us in on the outcome of the lawsuit. I am very interesting to hear how it all comes out.
 
That's sad. If I was in that situation. My heart would be breaking into a million pieces! Didn't he go with his wife to her CI evualtion and when she meets her surgeon? They tell the patients who are going thru the CI candidacy process that you aren't to have high hopes in case the CI doesn't work out as well as one would have hoped. They told me that it may or may not help and they tell all their patients that. They also tell them not to have such high hopes just in case. Cochlear Implants works differently for everyone. What a sad situation this woman is going thru w/ her husband.

Makes me want to walk over to my hearing husband who is sitting nearby me at his computer desk while I'm at mine. And give him a big hug and kiss for being wonderful thru out my whole CI journey. :)

Gemma said:
I ran into a girlfriend over the weekend and she was telling me that her husband plans to sue the CI corporation where she got her CI from. :eek3:
Click to expand...
 
Well, that would depend on the information that the company gave them.

If the company specifically states, "Her deafness will be cured and she will be able to do this and that within 2 years..." then he probably could sue if this was documented. However, if the company simply said... "This is like a hearing aid, but better. It helps her hear better... but I cannot guarantee the results..." then he doesn't have a case.

I think the issue of CIs curing deafness is farfetched. :roll:
 
A few points:

1) If the below were true, *she* might have a cause of action for breach of warranty/contract against the manufacturer, but he wouldn't. There is no "privity" between the husband and the implant company, only between the wife and the implant company. Even in the few states that would allow a spouse to sue, the rights (and damages) are generally quite limited and fairly difficult to prove.

2) "states" is a very ambiguous phrase. If someone from the implant company verbally made that statement (even if it was documentable), it is unlikely in most states that a verbal representation made by a non-corporate officer would override any information she was given in writing by the implant company.

3) Most CI recipients have limited contact directly with the manufacturer, and when they do, it is unlikely that they get anything in writing that makes these kinds of representations, the lawyers would never allow it.

4) 2 out of 3 of the manufacturers are headquartered outside of the US, and the third one likely has undergone two changes of ownership since this woman received her implant, making the question of jurisdiction (i.e. which court you are allowed to sue in) and who the defendants could be extremely complicated.

Not legal advice, of course, just a few thoughts about why this is not one of the more winnable cases I've ever heard of . . .

Sheri

VamPyroX said:
If the company specifically states, "Her deafness will be cured and she will be able to do this and that within 2 years..." then he probably could sue if this was documented. However, if the company simply said... "This is like a hearing aid, but better. It helps her hear better... but I cannot guarantee the results..." then he doesn't have a case.

I think the issue of CIs curing deafness is farfetched. :roll:
Click to expand...
 
Back
Top