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VNS Litigation Attorneys
Philadelphia, Pennsylvania
IMPORTANT ADVISORY -
DISAPPOINTING NEWS FOR THOSE INJURED BY VNS
VNS cannot be maintained due to Federal Preemption.
Click to read decision of Riegel v. Medtronic
Medical Device Consumer Class Action: Vagus Nerve Stimulator (VNS)
Thank you for visiting our web page for the class action litigation against Cyberonics Inc. for falsely marketing and selling their VNS device for Treatment-Resistant Depression (TRD). Pomerantz Perlberger & Lewis LLP has filed a Federal Complaint to seek compensatory and punitive damages on behalf of consumers suffering from depression that have purchased the device and had it surgically implanted. See Press Release
There is simply no credible evidence to support the marketing, promotion and sale of the VNS device for TRD and Cyberonics' marketing with claims of projected success are false, misleading and harmful. While the device has been approved by the Food and Drug Administration, a United States Senate Finance Committee Report concluded that when the FDA approved VNS for TRD, it overruled more than twenty FDA officials who had reviewed the data and recommended against approval. On September 6, 2006 Public Citizen, a consumer advocacy group with 98,000 members, filed a Petition to the FDA to Reverse Approval of the vagus nerve stimulation device for the management of treatment-resistant depression because the device has not demonstrated a "reasonable assurance that the device is safe and effective." Public Citizen accuses Cyberonics of perpetrating a "cruel hoax" on patients with TRD. These are people who are at their last resort in seeking a cure for overwhelming depression.
Both the Washington Post, "Mood Machine" Sandra Boodman March 2006 and the New York Times, "Battle Lines for Treating Depression" Barnaby J Feder September 2006 have published articles questioning whether Cyberonics VNS device should be used in treating TRD. Other relevant information is found on Deborah Gray's Blog about Depression and the following Public Citizen links:
- Commenting on Inadequacy of Studies
- Requesting Medicare Deny Payment
- Requesting Stop Advertising on WebMD web site
- Internet News of Filing of VNS Class Action
- Federal Complaint
- Federal Judge Denies Motion to Dismiss VNS Class Action
The purpose of this page is to inform purchasers of the Cyberonics Vagus Nerve Stimulator (VNS) for Treatment-Resistant Depression (TRD) and other interested parties about the litigation, as well as to provide the purchasers with a means to assist counsel in prosecuting the case on their behalf by telling us about their experiences with the VNS device by filling in our questionnaire below.
Please complete the questionnaire below if you have had the VNS device surgically implanted for TRD. Doing so will assist class counsel in prosecuting the case and will ensure that you will be notified of material developments in this case.
Please note that this site is in no way affiliated with Cyberonics Inc.
Cyberonics Vagus Nerve Stimulator (VNS)
Questionnaire
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NOTE: The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent. None of the information you provide us will be used in any manner outside of this lawsuit.


