$40.1 Million Verdict for Man Whose Heart Was Destroyed by Defective Cardiac Monitor

In October 2004, Paramjit Singh of Mount Vernon, Washington, underwent routine cardiac bypass surgery at Providence Everett Medical Center. During the procedure, an Edwards Lifesciences Vigilance I Monitor was connected to a Swan-Ganz catheter positioned inside his heart. The device malfunctioned, disabling its own fail-safe mechanisms and allowing the catheter to reach temperatures approaching 500 degrees. Singh's heart tissue was seared and rendered non-functional.

Eleven weeks after the surgery, Singh received a heart transplant at the University of Washington Medical Center. Physicians testified he had already suffered significant health complications from the transplant and faced a likelihood of additional organ failure, including a potential kidney transplant.

At trial, the Luvera Law Firm team of Robert Gellatly, Andrew Hoyal, and Paul Luvera established that Edwards had discovered the software defect in its Vigilance I Monitor as early as 1998, six years before Singh's surgery. Despite knowing the bug could disable the fail-safe heating controls, the company made a corporate decision not to recall the devices and did not warn hospitals or physicians about the risk.

On March 10, 2008, the Snohomish County jury returned a verdict of $40.1 million. Singh received $24 million for his injuries. His wife Harmeet Kaur was awarded $6 million for her losses. Their three children received a combined $1.75 million. Punitive damages of $8.35 million were added, along with $310,000 for Providence Health System.

Edwards moved for a new trial. Judge Linda Krese denied the motion and let the verdict stand, finding the company had failed to disclose device flaws that could cause overheating under surgical conditions. Edwards appealed, arguing that Washington law should govern punitive damages rather than California law. The Washington Court of Appeals affirmed the full verdict in 2009, holding that California had the greater interest in deterring fraudulent conduct by corporations headquartered within its borders.