[349909]
Claim of an unspecified alleged colon perforation, the end user claims to have received at a user facility. Manufacturer investigation into alleged claim, discovered device did not malfunction, is still operational and continues to operate as designed, with no further report of incidence. Device was not returned to manufacturer. Manufacturer investigated claim based on info received from physicians surgical procedure report dated 2002 that report; "in fact no obvious perforation was found. The upper rectum was opened and a procloscope inserted in an attempt to try & locate the actual injury site to be sure it was resected if possible. No clear injury was detected & no rectal injury had been detected by the examining finger". Manufacturer has been visited repeatedly by texas dept. Of health (tdh) and instructed to file and mdr. Tdh is of the opinion that device caused the alleged injury. However, tdh refuses to provide any documents of any other evidence to support their opinion, even after our repeated requests. On 8/23/03, manufacturer also requested copies through the "public info act", and offered to pay for said copies. Tdh has yet to provide the requested documents, and to date has provided no info evidencing any connection between the alleged injury or the device. On 9/16/03 another tdh visit, manufacturer reported and provided copies of surgical procedure report to tdh, that based on all info available to it, device did not cause alleged injury. However, tdh continues to insist the manufacturer file an mdr. On 9/17/03, tdh filed and faxed an e-14 insisting that manufacturer file an mdr! On 9/24/03 tdh faxed same e-14 to manufacture again. Therefore after consulting with legal council, manufacturer is filing this mdr under duress. Manufacturer reserves the right to supplement this event report with additional findings relative to the alleged injury, if any additional info becomes available in the future.
Patient Sequence No: 1, Text Type: D, B5