Q: I live in india and I was misled by a large US company in buying its medical device. Can I sue them in the US courts?
I have a heart condition - dilated cardiomyopathy and i was advised to get an AICD, defibrillator, implanted by my doctors in India. I wanted to get the latest device with an MRI capability that works on a 3 tesla MRI machines. I was misled by the medical device company into believing that the device I am getting implanted is a 3Tesla device. After the operation we realised that the device is not certified for 3 Tesla MRI Machines and is only certified for 1.5 Tesla MRI. We also got a certificate from the company on their letter head stating that the AICD device is compatible with 3Tesla machine. When my wife wrote to their US customer care, they confirmed that the AICD device is not 3 Tesla certified. I have all these details documented.
I want to sue this company in US courts. Can I do that? If yes, what should I be doing? and what are the general gudielines. This company is headquartered in USA.
A: You may. However you may sue them in many courts. If you would like I can put you in touch with an attorney who handles such things.
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