Consumer Fraud

Deafening bone drill at center of proposed class action

Ear Earrr by צביה Licensed under CC BY SA 3.0 via Wikimedia Commons 130x210 Deafening bone drill at center of proposed class action Florida oral surgeon Anthony Sclar is suing the manufacturer of a bone drill, claiming the medical device emits a deafening level of noise far greater than the recommended occupational noise exposure limits set by the National Institute on Deafness and Other Communication Disorders (NIDCD), Law360 reports.

OsteoMed LP’s OsteoPower System is a rotary bone cutting drill. Sclar’s lawsuit claims that the device emits nose at 105 decibels, considerably higher than the 85 decibels recommended by NIDCD. Yet the company marketed and sold the device without disclosing the dangers or warning buyers, he says. This, Sclar’s lawsuit claims, violates the Florida Unfair and Deceptive Trade Practices Act and the Magnuson-Moss Warranty Act.

According to hearing loss research group Dangerous Decibels, with extended exposure, noises that reach a decibel of 85 can cause permanent damage to the hair cells in the inner ear, leading to hearing loss. For reference, an idling bulldozer registers about 85 decibels and can cause permanent damage after one eight-hour workday.

Sclar claims he would not have purchased the device had he known the drill would emit such deafening noise. He expects a class of other medical professionals who were deceived by the company into buying OsteoMed’s OsteoPower System at full price.

“As a result of OsteoMed’s failure to disclose that the drill emitted dangerous levels of noise, plaintiff and other consumer class members purchased a product that was neither safe nor fit for sale, which resulted in economic harm to the plaintiff and other consumer class members, namely the full purchase price of the OsteoPower System,” Sclar’s lawsuit said.

Sources:
Law360
Dangerous Decibels