Flexi Seal Control FMS

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Recent safety alerts by the U.S. Food and Drug Administration (FDA) indicate that a defective valve in the Flexi-Seal Control FMS device can result in expulsion of the device, rectal damage, necrosis, and death.

The regulatory authority further alleges that ConvaTec, the manufacturer of the Flexi-Seal CONTROL, failed to submit the device for regulatory review before marketing and distributing the defective product to health care facilities.

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Flexi-Seal Control never submitted for regulatory review

According to the FDA, ConvaTec began marketing and distribution of the device without seeking regulatory review.

Although the company manufactured similar devices in the past, the recalled Flexi-Seal CONTROL Fecal Management System was significantly different from the previous versions and would have needed a 510(k) application submission to be considered for approval by the FDA.

Over a period of a year, the FDA has noted 13 adverse event reports in which the use of the Flexi-Seal CONTROL Fecal Management System has resulted in serious injury or death. Adverse events cited by the FDA include necrosis, ulceration, peeling skin, rectal damage, and death.

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A tort is a civil wrongful act committed by a person or company that results in harm to another person. A mass tort is when multiple victims are injured by the same single tort.
A court will consider if a mass tort lawsuit is permissible by determining:
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Thousands of lawsuits across the country may be filed with a mass tort. These lawsuits are filed in numerous federal district courts. In a mass tort, federal judges will consolidate the thousands of lawsuits into a single proceeding. One judge in a single federal district court will oversee litigation, allowing for consistent rulings and a more expeditious process for the plaintiffs.
In a mass tort, each plaintiff (injured person) has an individual claim resulting from their unique damages. In a class action, many plaintiffs are considered collectively. Similarly, in a mass tort, each individual's claim "value" is unique to the severity of their injuries. In a class action, plaintiffs generally suffer injuries of similar severity, resulting in the same amount of compensation value.
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