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Lawsuit against Advanced Bionics
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Hey guys,

This is my first time posting and I want to know if anyone out there is wearing an Advanced Bionics cochlear implant and has gotten involved with a lawsuit. I’m wondering if I’m qualified for the case.

I have a bilateral hearing loss since I was born. I received a cochlear implant in 1998 ( I was 8 years old) and I’m a first-generation recipient, summary C1, and wore a body processor for 4 years. Until I got my first BTE in 2002. My first BTE was a failure, the audiologist struggled with how to program it and I couldn’t hear any sound. It was a scary experience and I thought I was not going to able to wear BTE. But luckily a month later with an expert help, everyone was relieved that I was able to hear sound from the testing sound program.

In 2012 I got updated to Harmony which is BTE #2 and at first I hated it so much. The design, functionality and it is just worse than the first one. I have three maps and I noticed 2 maps sound quiet and almost like I cannot hear voice except for the background, and it is just mainly static. One day my processor slipped to a different map and the voice sounded a little pitchy but what I noticed was that my processor automatically picked up radio frequency whenever I passed PlayStation, radio station, am FM radio- at first I didn’t know where the sound coming from because I lived an apartment and I didn’t realize the next door has radio placed against the wall where I lay and sleep right next to it. I asked hearing people if they heard that and they said no. As soon as I turned my head it automatically disconnected in a really sharp way, like it was pulling the hair stand out too fast. I was shocked and I realized I was on a different map and I changed back original one. I learned how to tolerate static sounds until a few years later I noticed my processor's sound quality has reduced to low and I have to turn it up and now it sometimes picks up radio frequency, in a really quiet sound.

I got used to the new annoying static sounds and the heavy processor hanging on my ear, it was so heavy that I had to wear a heavy battery- it’s so stupid but I managed it wearing it and now it’s part of my everyday life.

I haven't visited an audiologist for 12 years, and now my processor is falling apart, the hook has gotten loose, body processor has cracked and chipped so I have to use super glue to keep the wire plugged in to connect the head magnet piece. I knew it was time to upgrade and I recently got health insurance ( paying $400 a month) and then made the appointment with an audiologist ( for insurance reasons, audiology needs to approve the condition of my processor to request an upgrade). She told me AB has a new processor for C1 recipients. It’s not Marvel which is the newest processor and unfortunately, it is not compatible with C1 recipients. I was so bummed out.

AB offers a new processor for C1, named Chorus, and guess what? It’s a fucking body processor. Of course, I don’t want it because it limits my lifestyle, I can’t run, do calisthenics, play with my kids under 7 years old, lounge in a sauna, etc. I can’t do any of these with a body processor. Why? AB must be lazy or didn’t care about the C1 recipient much.

So I called AB to find the update for shipping Harmony, they said they don’t know when it will be in stock, so they suggested wearing a Chorus processor and advised I pay $1k upfront cost because maybe insurance won’t cover it so I said no, It’s so stupid to pay the one that I don’t want, I want Harmony processor period. I was so frustrated and lost my patience for going back and forth for 3 months. Fucking Bullshit, I feel like they scamming deaf people making us pay shitty fake sound processors, and forcing us to wear body processors like we have no choice?!?!

I just learned there is a lawsuit against AB for not meeting FDA requirements and it has something to do with radio frequency they are fully aware of it and decided to go with it. The second issue is their cochlear Ultra 3 has failed the connect with the processor and found out there is a moisture issue interior of the cochlear too. That's 3 BIG problems, wow.

I was so mad when I found out about the lawsuit and now I want my life back, I want them to pay for the surgery, and a new processor from a different company obviously. I’m a veteran for almost 30 years and I feel like they scammed my whole hard of hearing life, fuck being loyal to AB.

Do you have AB? Or do you know anyone who has it and is involved with the lawsuit? I want to know if my situation is qualified to hire a lawyer and sue AB for leaving me no choice but to get surgery which will have more risk of side effects because it will traumatize my cochlear for going in twice. I’ve been crying and I couldn’t stop thinking about the quality of my life could have been better.

Sorry for the long post but damn, I’m so frustrated, angry, and depressed with AB. What should I do?

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I am not an AB recipient (Cochlear brand here), but both my surgeon and my audiologist told me about 2 of these issues-the body processor and failure of the internal part. I can't put you in touch with anyone in a similar situation, but maybe it helps to know you're not alone. I'm really sorry you are having to deal with this. That would indeed be frightening.

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Yep. My surgeon in particular was very outspoken about AB.

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9 months ago