Realities of Biomedical Product Liability Suits and the Role of Junk Science
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Transcript of Realities of Biomedical Product Liability Suits and the Role of Junk Science
By Mark W. Kroll
2154-2287/12/$31.00©2012IEEE
Date of publication: 24 September 2012
In the summer of 2006, manufacturers of a simple respira-
tor mask costing US$1 told the U.S. Congress that Americans
would find a shortage of these masks if
there was another flu pandemic. The reason
for this was that suing the makers of these
dust masks became a major business for trial
lawyers. By 2006, there had been more than
326,000 lawsuits filed. It has been reported in
many cases that the law firms worked with cooperative physi-
cians and contracted with X-ray labs to screen individuals for
lung problems. If an individual had an abnormal lung X-ray
and claimed that they had used a certain brand of respirator—
and the manufacturer was still in business
and had economic resources—a lawsuit was
filed. Some manufacturers went out of busi-
ness while others simply stopped making
the masks.
The 3M Company had 17,700 mask law-
suits filed against them, but it chose to fight rather than settle
for nuisance amounts that were far less than the costs of fighting
the lawsuits. The company had spent about US$16 million an-
nually fighting these cases, even though its record includes nine
victories out of nine cases that have gone to trial. Because of its
Editorial noteThe opinions presented in
this article are those of the
author and do not neces-
sarily represent those of
IEEE and its affiliates,
including IEEE Pulse.
To serve our mission as a
forum for a range of ideas,
the editors of IEEE Pulse
welcome your opinions.
Please contact us with
comments or for informa-
tion on how to submit an
opinion article.
Digital Object Identifier 10.1109/MPUL.2012.2205778
QUESTION MARK COURTESY OF STOCK.XCHNG/CHRIS BAKER.
SCALE COURTESY OF WIKIMEDIA COMMONS/TOBY HUDSON.
SEPTEMBER/OCTOBER 2012 ▼ IEEE PULSE 27
From Breast Implants to TASER Weapons
28 IEEE PULSE ▼ SEPTEMBER/OCTOBER 2012
willingness to fight these cases, the number of mask lawsuits is
now down to 2,200 after spending US$123 million defending
its product.
In a typical mask case, a plaintiff’s lawyer would retain a
physician expert witness who opined that the lung problem (or
abnormal X-ray) was caused by breathing some sort of dust (and
not due to cigarette smoking). Engineer expert witnesses would
also be retained who opined that they would have designed the
mask differently and conclude that the existing mask design was
suboptimal. In some cases, experts would cite
marginally related medical studies or engineer-
ing papers to attempt to buttress their opinions.
The defense lawyers would often argue—usu-
ally correctly—that the cited papers represented
“junk science” and strive to keep the citations and
the experts’ opinions out of court on a ruling of
the expert’s credentials, methodology, or opin-
ions being unreliable.
In these situations, manufacturers face a dif-
ficult decision between settling a frivolous nui-
sance value lawsuit and spending potentially
millions of dollars to go to trial. It is important
to note that the battle is asymmetrical as plain-
tiffs’ lawyers usually lose nothing but their time
(and expert-witness fees and minimal expenses) if they lose a
suit while a manufacturer has a risk of losing millions and, oc-
casionally, billions of dollars because of a sympathetic and/or
emotional jury or judge.
To help the biomedical engineer understand how these bat-
tles over money are fought, some time was spent in analyzing
the highly publicized lawsuits over breast implants and also the
TASER electronic control device (ECD). In both the cases, the
common threads of junk science, unreliable peer-reviewed piec-
es, media sensationalism, experienced plaintiffs’ lawyers, and
plaintiffs’ expert witnesses were seen.
Silicone Breast ImplantsMaria Stern sued Dow Corning, claiming that her breast im-
plants gave her an autoimmune disease. A jury agreed and,
in 1984, awarded her US$211,000. Her lawyer told the jury
that they needed to send a message to Dow Corning to punish
them for making a defective product, and the jury awarded
her another US$1.5 million in punitive damages. In 1990, the
U.S. Congress held hearings on the safety of breast implants.
This was apparently at the behest of plaintiffs’ lawyers as the
only three testifying scientific experts had previously served
as expert witnesses for plaintiffs’ lawyers. Just before the
hearings, the television show Face-to-Face with Connie Chung
had an episode on the alleged dangers of silicone implants.
This show produced a flurry of lawsuits, and, in 1991, Brenda
Toole prevailed with a US$5.4 million settlement. Interesting-
ly, she did not claim any injuries but merely alleged that she
had an increased risk of cancer and autoimmune disease. That
December, Mariann Hopkins was awarded US$7.3 million in
an implant case.
At this point, there were no published peer-reviewed lit-
erature suggesting any dangers from silicone breast implants.
There were scattered anecdotes that suggested a potential risk,
such as a 1981 case report of a Japanese woman who died of
kidney failure sometime after breast augmentation. There
was also a 1988 case report of a Florida patient who devel-
oped breast cancer 13 years after she had a silicone breast im-
plant. The authors stated that they could not conclude that the
implant had caused her cancer. It should be noted that these
anecdotes, or case reports, only suggest that scientific stud-
ies need to be done. For example, 1,000 women with breast
implants would be followed for ten years, and
their disease development would be compared
with 1,000 similar women who did not receive
breast implants.
The most famous breast implant lawsuit was
that of Pamela Johnson. She was a cigarette
smoker and had no autoimmune disease. She
testified that she had muscle and joint pain,
headaches, dizziness, and fatigue, which even
her lawyers admitted were basic flu symptoms.
She may have gained some jury sympathy
from the fact that her physician did not per-
form the implant procedure properly and one
of her implants ruptured. Instead of merely su-
ing the physician, her lawyer, John O’Conner,
sued the more attractive financial target—the manufacturer
of the implants. He also hired a public relations firm and ap-
peared on the Phil Donahue and 60 Minutes shows. This may
have influenced the pool of potential jurors. These tactics
were successful as the jury gave Johnson as well as her at-
torneys US$5 million in compensation and an additional
US$20 million in punitive damages for a total of US$25 mil-
lion. The trial was broadcast on the television show Court TV,
and the O’Conner Law firm filed hundreds of new cases in
1992. The same year, manufacturers Dow Corning, Bristol
Myers Squibb, and Bioplasty dropped out of the breast im-
plant business.
Coincidently, also in 1992, major studies appeared in promi-
nent medical journals showing that women with breast im-
plants did not have an increased risk of cancer. Lawyers then
changed their claims to focus on the more nebulous immune-
system diseases.
By the end of 1993, more than 12,000 lawsuits had been
filed against Dow Corning alone. In the fall of that year,
the defendant companies got together and agreed to pay
US$4.75 billion to settle all breast implant lawsuits. This
large pool of money attracted so many additional plaintiffs
that the settlement agreement collapsed. In March 1994, the
Dow Corning Company was forced to file for bankruptcy.
However, they did eventually win a Supreme Court deci-
sion in Daubert v. Dow, establishing reliability requirements
for expert testimony admissibility in the courtroom. The
remaining implant manufacturers settled their lawsuits for
US$3.4 billion, setting a new record for class action lawsuits
(also in March of 1994).
Just three months later, the New England Journal of Medi-
cine published a study showing that there was, in fact, zero
connection between these implants and connective tissue
In these situations, manufacturers face a difficult decision between settling a frivolous nuisance value lawsuit and
spending potentially millions of dollars to
go to trial.
SEPTEMBER/OCTOBER 2012 ▼ IEEE PULSE 29
disease. In 1995, the journal published an even larger study
with the same results. In the same year, the American Col-
lege of Rheumatology stated that the evidence was compel-
ling that there was no relationship between silicone implants
and either connective tissue or autoimmune disease. They
also asked that the U.S. Food and Drug Ad-
ministration and the courts stop using anec-
dotes to imply such a connection. Neverthe-
less, the lawsuits continued. Finally, in 1996,
a federal judge took input from an impartial
scientific panel that found that there was no
connection between these implants and dis-
ease. Later, another federal judge appointed
his own expert panel. They spent two years
and US$800,000 and also concluded that there
was no connection between breast implants
and disease.
Nearly a decade after the Connie Chung
show, the media began to change course and
The New York xTimes reported that manufactures
had won 80% of the breast implant cases that
went to trial. Eventually, the tactics of these trial lawyers were
exposed. They had used a small number of “silicone doctors”
to diagnose diseases that were supposedly caused by the im-
plants. Some lawyers had flown these physicians around the
country to examine their clients using their law office rooms
for the examinations. Further questionable practices included
the lawyers paying the medical bills, which is actually illegal
in several states. Often the physicians agreed to
be paid by the patients only after the patient
received lawsuit proceeds, a practice that cre-
ated a clear conflict in the physician’s objec-
tivity. One physician treated almost 5,000
women with implants and admitted that
more than 90% of his patients had been
referred by lawyers. He opined that
93% of the women examined by
him had been harmed by the
breast implants.
Beyond the obvious ques-
tions of the physician’s di-
agnostic objectivity, there is
a high likelihood that thousands of
women were unnecessarily given painful and
expensive testing. It is one thing to decide that a lawyer’s
client has a given disease but now the physician is obligat-
ed to prescribe a treatment for the diagnosed disease. The
silicone doctors prescribed treatments, including the cancer
drug Cytoxan and intravenous gamma globulin, which car-
ry significant side-effect risks.
How Publication Pressures Can Create Junk (Unreliable) ScienceThe prestige of a scientific journal is measured by how often its
papers are cited in other journals. The simplest calculation is that
of the impact factor, which is the average number of times a jour-
nal article is cited in later articles. For example, if a given journal
published 200 articles in a given two-year period, and these ar-
ticles were cited a total of 600 times in the following year, then
the impact factor was 3.0.
The competition for a high impact factor incentivizes
journals to publish high-quality papers on important top-
ics. Unfortunately, it also can incentivize some
journals to publish sensationalistic anecdotes.
The more sensational the anecdote—as long as
it seems plausible—the higher the potential im-
pact factor for the journal. The most prestigious
journals are not immune to this incentive as
they have high impact factors to protect [1].
TASER ECDsThe TASER ECD has revolutionized law enforce-
ment. The majority of law-enforcement agencies
in the United States and Canada—and every
agency in the United Kingdom—now use this de-
vice. Although the TASER ECD is not a medical
device, it is designed and tested according to the
principles of bioelectricity and biomedical engi-
neering and, thus, provides a meaningful example. This article’s
author serves on the TASER (International, Inc.) corporate as
well as the Scientific and Medical Advisory Boards, by serving
as a consultant and expert, and can provide an insider’s look at
this example.
Law-en forcement officers often need to capture, control, and
restrain a violent and paranoid criminal who is often under the
influence of illegal drugs or alcohol or serious psycho-
logical distress (SPD). The main
methods used by officers in
such situations in the past re-
lied on inflicting pain or trau-
matic injury. The old techniques
included punching, painful
joint-twists, grounding, wres-
tling, chemical irritants, impact
tools, and firearms.
Unfortunately, many illegal
drugs (and alcohol) are painkillers,
and, as a result, standard subdual tech-
niques are often ineffective. Even worse,
many of the dangerously drug-addled per-
petrators and persons in SPD exhibit superhu-
man stamina and strength. There are numerous
accounts of such people manhandling several law-enforce-
ment officers at once. Many officers have been injured along
with those they are trying to restrain.
When the trigger of a TASER ECD is pulled, a blast of
compressed nitrogen launches its two barbed darts at 55 m/s.
The projectiles, which weigh 1.6 g each, have a 9- to 13-mm-
long tip to penetrate clothing and the insulating outer layer
of skin. The hair-thin (127-nm diameter) wires trail behind
for usually up to 9 m, forming an electrical connection to
the weapon. (There is also a less-used drive-stun mode in
which the ECD-fixed electrodes are pressed directly against
the skin.)
the physicians agreed to
only after the patient
ds, a practice that cre-
the physician’s objec-
reated almost 5,000
and admitted that
atients had been
opined that
mined by
by the
ques-
’s di-
here is
t thousands of
arily given painful and
one thing to decide that a lawyer’s
influence of illegal drugs or al
logical
meth
such
lied on
matic i
includ
joint-tw
tling, ch
tools, and
Unfort
drugs (and
and, as a resul
niques are often
many of the dange
petrators and persons
man stamina and streng
Law-enforcement officers often need to capture, control,
and restrain a violent and paranoid criminal
who is often under the influence of illegal
drugs or alcohol or serious psychological
distress.
©IN
GR
AM P
UBL
ISH
ING
Because the barbs get stuck in clothing and fail to reach
the skin about 30% of the time, the ECD is designed to gen-
erate a brief arcing pulse, which ionizes the intervening
air to establish a conductive path. The arcing phase has an
open-circuit peak voltage of 50 kV; that is, the voltage is
50 kV only until the arc appears or until the barbs make
contact with conductive flesh, which offers approximately
600 Ω of resistance.
The target’s body is never exposed to 50-kV voltage. The X26
ECD—the TASER model most commonly used by law enforce-
ment agencies—delivers a pulse voltage of 600 V to the body.
Once the barbs establish a circuit, the ECD
generates a series of 100-ns pulses at a rate of
19 pulses/s). Each pulse carries 100 nC (micro-
coulombs) of charge, so the aggregate (and actual
average) current is 1.9 mA. The newer X2 and X3
ECD models deliver a metered charge of 63 nC.
The ECD takes advantage of two primary
natural protections against electrocution that
arise from the difference between skeletal and
cardiac muscle. The first—anatomy—is so obvi-
ous that it is typically overlooked. The skeletal
muscles are on the outer shell of the body, and
the heart is nestled farther inside beneath the
thoracic cage. In the upper body, the skeletal
muscles are arranged in bands surrounding the
rib cage. Because of the skeletal muscle’s natu-
ral inclination to conduct current along its fibers (known as
anisotropy), current injected into such a muscle tends to follow
the grain around the chest rather than penetrating toward the
heart. In addition, the ribs and lungs surrounding the heart are
essentially insulators.
The second protection results from the different timing
requirements of the nerves that trigger muscle contractions
(motor neurons) versus cardiac cells. The chronaxie (the pulse
duration that stimulates with the minimum energy) is around
100 ns for the motor neurons, and it is far higher at around
2 ms for cardiac cells. Both of these values decrease for elec-
trodes closer to the target neurons.
These devices have now been applied to human beings more
than 3 million times. About one half of those applications were
to law-enforcement officers for training purposes and the other
half to subjects in the field. More than 12 deaths occurred due
to brain injuries from uncontrolled falls out of >1.6 million
subject applications. As the ECD is electrical in nature, the pri-
mary remaining concern lies with the potential for electrocu-
tion, which is the electrical induction of ventricular fibrillation
(VF). The 100-nC charge per pulse (which is what determines
the potential to affect the heart) can be compared with electric
fence energizers that can provide an output up to 1.1 mC, or
11 times more charge [2]. Granted, the ECD delivers pulses at
a more rapid rate than does the electric fence, but, even when
factoring that in, the most popular ECD (TASER X26) delivers
only 44% of the current allowed for electric fences by Under-
writer’s Laboratory standards.
Scientifically, there should be no scientific debate on the
ability of these devices to cause VF since modern electric fences
do not cause VF. There should be no debate except for the usual
junk science.
Similar to the breast implant litigation, the plaintiffs’ law-
yers have their favorite TASER doctors. One of the most popular
such experts has charged more than US$100,000—in a single
case—to opine that an ECD was causal in a death. As there are
no peer-reviewed papers suggesting a risk of VF in humans, this
expert packaged up his paid expert-witness opinions and—after
some two rejections—found a medical journal that would accept
the advocate litigation case series as a paper [3]. This retired car-
diologist requested that the most knowledgeable authorities be
excluded from reviewing his case series. Hence,
there is some debate as to whether this case se-
ries can be truly considered peer reviewed.
ECD AnecdotesThe best-known ECD anecdote is found in a two-
paragraph letter to the editor in the New England
Journal of Medicine published in September 2005,
with regard to a February 2005 incident [1]. It
read as follows:
The question of the safety of the use of
“stun guns” by law-enforcement agencies
has been raised in the news. Deaths after dis-
charges from such devices (Tasers) have been
reported, although no definite causative link
between death and the use of a stun gun has
been made. An adolescent was subdued with a Taser
stun gun and subsequently collapsed. Paramedics found
the adolescent to be in ventricular fibrillation and began
performing cardiopulmonary resuscitation within two
minutes after the collapse. After four shocks and the ad-
ministration of epinephrine, atropine, and lidocaine, a
perfusing rhythm was restored. The adolescent made a
nearly complete recovery and was discharged from the
hospital several days later. This case of ventricular fibril-
lation after a discharge from a stun gun suggests that the
availability of automated external defibrillators to law-
enforcement personnel carrying stun guns should be
considered.
The misperception left by this letter is that the ECD elec-
trically induced VF and that officers should carry automated
external defibrillators, as the sentence regarding the finding
of VF is placed right after the sentence relating the subdual
with the ECD. The use of the word “collapse” also gave a false
impression, as this word is typically used to signify a cardio-
vascular collapse. However, the primary function of an ECD is
to cause a postural collapse, i.e., cause someone to collapse to
the ground to stop resisting as well as threatening behavior.
The documented facts are significantly different from the
misleading impressions given by this letter. The violent psychi-
atric subject, a ward of the state, had a psychotic episode and
punched through a glass door and gave himself significant lac-
erations requiring emergency medical care. Paramedics and po-
lice were called to the scene. The subject refused medical care
and jumped at a police officer, who then used an ECD to control
him. The subject was handcuffed to the paramedics’ gurney. The
The 100 µC charge per pulse (which is
what determines the potential to affect the heart) can be
compared to electric fence energizers that can provide an output
up to 1.1 mC, or 11 times more charge.
30 IEEE PULSE ▼ SEPTEMBER/OCTOBER 2012
SEPTEMBER/OCTOBER 2012 ▼ IEEE PULSE 31
subject stopped responding to communication. It was not clear
whether he was faking or had fainted. Paramedics checked his
pulse and respiration with a 15-s vitals check and found it to
be normal. This is documented in written records and sworn
testimony. Obviously, had the ECD induced VF,
there would have been no pulse or respiration
afterward.
The subject was taken down to the ground floor
and placed in the ambulance where a second vi-
tals check was taken and found to be normal, fol-
lowed by his developing VF and being eventually
resuscitated. It has also been demonstrated that
the cardiac rhythm strip shown in the letter (sup-
posedly demonstrating a return to sinus rhythm
by a defibrillation shock) was cropped after what
were actually three premature ventricular con-
tractions followed by asystole. It has not been
established whether this was intentional, acci-
dental, or the fault of the author or the journal.
Finally, the rhythm strip cited as representing the rhythm sur-
rounding the fourth shock has also been shown to be the strip
of the second shock.
This anecdote has been rebuked in the literature and is no
longer taken seriously by most scientists. However, despite the
manifested errors in the letter, the anecdote continues to be ag-
gressively cited in litigation.
A more recent anecdote, published in the British Emergency
Medicine Journal, also claimed that a teenager had VF induced by
an ECD [4]. The lead author inappropriately relied on the teen-
ager’s mother for information rather than on the emergency
medical services (EMSs) records. This VF allegation was com-
pletely contradicted by the EMSs records and sworn testimony
of the paramedics on scene. Interestingly, this anecdote has been
repudiated by other emergency physicians in the same hospital
in their case report published in American Journal of Emergency
Medicine [5]. They published that the subject, presented with
asystole—not VF—which is consistent with his extreme blood
concentration of alcohol at 80% of the median lethal level. Note
that asystole cannot be induced by electrical stimulation.
How Medical Examiner Caution Can Encourage LawsuitsThe medical examiner (ME) is highly trained to recognize me-
chanical trauma and find toxic substances in the body. There
is a presumption that the ME’s autopsy report
is dispositive as to the cause of death. Hence, if
the autopsy report mentions the ECD as causal
or contributory (generally out of error) or could
not be ruled out (out of misplaced caution), then
an expensive lawsuit is typical.
As electrical current does not linger or accu-
mulate in the body, some MEs have, in the past,
decided to err on the side of including the ECD
even though they had no explanation—and no
scientific support—for how it could cause or con-
tribute to someone’s death. However, as more
data and published studies have come out, MEs
quickly began to make more accurate judgments
about the causes of death.
A total of 301 arrest-related death (ARD) autopsy reports
covering deaths that occurred between January 2001 and De-
cember 2006 were studied. The findings of almost all ARDs
were analyzed, in which an ECD was used at some point during
the arrest attempt.
There were 39 cases (9.4%) where the autopsy report listed
the ECD as possibly contributory or as an unknown factor. The
listing rate declined from 33% in 2001 to 3.3% in 2006 (r2 =
0.73, P = 0.031 for linear fit) as seen in Figure 1. The decedents
were primarily male (38 male/one female) with mean age 35.0 !
10.9 years (median = 32), which is consistent with other reported
ARD data. The errors were counted based on the present state
of knowledge and the well-known presentation of electrocution
(electrical induction of VF). These counted errors were as follows:
1) delayed collapse ignored (VF causes a cardiovascular col-
lapse within 5–10 s)
2) non-VF cardiac rhythm ignored (asystole and pulseless elec-
trical activity cannot be generated by electrical stimulation)
3) failure of defibrillation ignored (electrically induced VF is
easily reversed electrically)
The ECD takes advantage of two primary natural
protections against electrocution that
arise from the difference between skeletal and cardiac
muscle.
FIGURE 2 The scored error rate has fallen significantly from 3.5 per autopsy in 2002–2004 to a rate of one to two in 2006. A quadratic fit trend line is shown.
6
5
4
3
2
1
0
Jan.
2001
Jan.
2002
Jan.
2003
Jan.
2004
Jan.
2005
Jan.
2006
Jan.
2007
Date of Death
Err
ors
Per
Aut
opsy
FIGURE 1 The rate at which MEs have mentioned an ECD as possibly contributing to an ARD declined significantly over the study period.
35
30
25
20
15
10
5
02001 2002 2003
Year of Death
2004 2005 2006
EC
D M
entio
ned
Rat
e (%
)
4) discharge duration or number of discharges stressed (in all
relevant circumstances, VF is either induced or not in 5 s)
5) drive-stun mode ignored (as it only causes pain and does not
deliver current to any organs)
6) assumed drug–ECD dysynergy (cocaine and methamphet-
amine actually make it harder to be electrocuted)
7) cardiac damage blamed on an ECD (permanent cellular
effects require extreme currents from lightning strikes or
power lines)
8) impaired respiration assumed (an ECD does not interfere
with human breathing)
9) nebulous equivocal comments such as “could not be ruled
out” or “straw that broke the camel’s back.”
A mean of 2.9 ± 1.3 scored errors per autopsy report was found
with a range of one to six. This error rate declined steadily over
time, as seen in Figure 2 (P = 0.035).
During 2005, conference presentations began to address the
speculated safety concerns regarding these ECDs. As seen in Fig-
ure 3, it was not until 2006 that the first MedLine-indexed pa-
pers on ECD effects appeared. These factors may explain why the
autopsy report mentions—of an ECD contribution to an ARD—
fell to 3.3% in 2006.
Advice for the Biomedical EngineerObviously, a manufacturing company will do its best to design
a high-performance and high-quality device. Sadly, that may
not protect these companies from being dragged into a product
liability lawsuit. An important issue that is often overlooked is
e-mail informality.
Imagine that you and a colleague derive different estimates
for the number of samples of a certain capacitor that should be
tested for a medical device you are developing. Your statistical
calculations say that 173 samples should be tested and your
colleague comes up with 151. At the end of a good-natured
e-mail banter, you finally agree with your col-
league’s calculations and settle on 151 samples.
To show that you have no hard feelings, you
send a friendly—but flippant—e-mail saying, “I
sure hope no one dies because we only tested
151 capacitors.”
The product goes to market and someone
dies with your product inside of them. The per-
formance of your product may or may not have
had been causal with the death. However, what
is clear is that your capacitor never failed, and so
the question of testing 151 versus 173 samples is
scientifically, but definitely not litigatiously, ir-
relevant. A lawsuit is filed, and under discovery
rules, the plaintiff’s lawyers get every e-mail re-
motely related to this product. It is not unusual
for a million e-mails to be provided to the other
side. They will search through these e-mails for
relevant evidence, including flippant, salacious,
and in-artfully drafted or ambiguous comments,
and then try to turn such comments into a scan-
dal for the jury.
Even though your capacitor had nothing to
do with the death, your e-mail may be presented to a jury as
evidence that your company thought that safety testing was a
big joke. One cannot assume that a jury will be able to factor in
the irrelevance of your e-mail. Remember that every e-mail you
send could someday be waved in front of a jury by a skilled law-
yer who knows how to generate an emotional reaction.
ConclusionsMedical device litigation is a large industry in the United
States. In many cases, there was no true product defect behind
the litigation. Beyond designing high-quality devices, the bio-
medical engineer must understand the realities of this litiga-
tion environment and be cautious with the use of humor or
irony in e-mails.
Mark W. Kroll ([email protected]) is with the Department of Bio-
medical Engineering at the University of Minnesota, Minneapolis.
References[1] P. J. Kim and W. H. Franklin, “Ventricular fibrillation after stun-gun
discharge,” N. Engl. J. Med., vol. 353, no. 9, pp. 958–959, Sept. 2005.
[2] A. J. Nimunkar and J. G. Webster, “Safety of pulsed electric de-
vices,” Physiol. Meas., vol. 30, no. 1, pp. 101–114, Jan. 2009.
[3] D. P. Zipes, “Sudden cardiac arrest and death following application
of shocks from a TASER electronic control device,” Circulation, vol.
125, no. 20, pp. 2417–2422, May 2012.
[4] R. S. Naunheim, M. Treaster, and C. Aubin, “Ventricular fibrilla-
tion in a man shot with a Taser,” Emerg. Med. J., vol. 27, no. 8, pp.
645–646, Aug. 2010.
[5] E. S. Schwarz, M. Barra, and M. M. Liao, “Successful resuscitation of
a patient in asystole after a TASER injury using a hypothermia proto-
col,” Am. J. Emerg. Med., vol. 27, no. 4, pp. 515.e1-2, May 2009.
FIGURE 3 The first MedLine-indexed studies of ECDs appeared in 2006, and this literature body has grown rapidly since then.
20
18
16
14
12
10
8
6
4
2
0
2004 2005 2006 2007 2008 2009 2010
Publication Year
Human
Animal
Modeling
Num
ber
of N
ew P
aper
s
32 IEEE PULSE ▼ SEPTEMBER/OCTOBER 2012