Where can I send parents whose child has just been diagnosed with hearing loss?

I would say the same thing, Jodi - Other parents are probably the best source of encouragement and support that parents need.  And they will probably be the best source of referrals and "what to do about..." kind of answers.

You might consider talking to a Cochlear Awareness Volunteer.  Go the the cochlear.com website for information on how to contact one. 

To read about other cochlear implant recipients' experiences, check out http://www.thedeafblog.co.uk

If the child hasn't yet reached age three, a great resource is their local early intervention. Income is irrelavent, and the support families can gain there is tremendous.  You can usually help a family find their local early intervention by calling their school district. Early Intervention is a federally funded program and is available in all fifty states. 

Please read this before considering which brand to implant. I have 2 sons who are deaf and slowly going blind. At the rate the parts break from Cochlear Americas my sons most likely will go blind before being able to understand words. Please read and see if this is a company you want to do business with.

 Cochlear and the elliptical logo are trademarks of Cochlear Limited.

January 8, 2010

Delivered by email - jl_305@yahoo.com

TO: Mrs. Geisendorff

Mrs. Geisendorff:

Cochlear Americas’ (“Cochlear”) customer service department forwarded your demands to me,

due to your threat of litigation. Cochlear appreciate that you provided us additional time to

evaluate and respond to your demands. Please forward this letter to your lawyer if you have

engaged one.

First of all, please note that it is very unlikely that a valid legal claim exists against Cochlear

relating to the issues your children have had with their Cochlear sound processor parts. The

1976 Medical Devices Amendments (“MDA”) provide clear pre-emption of state claims for

FDA PMA approved Class III devices. Your sons’ cochlear implant devices are Class III

devices that were approved pursuant to the PMA process. Courts consistently uphold this

preemption, which eliminates state asserted product liability, negligence, strict liability, and

implied warranty claims. See e.g., Riegel v. Medtronic, 128 S. Ct. 999 (U.S. 2008).

Additionally, the wear and tear issues your sons are experiencing are not design defects. It

appears that your sons’ are primarily having issues related to the external part called the bayonet,

which attaches the sound processor to the controller. This type of issue does occur periodically,

especially with child recipients. Children are inclined to have slightly more breakages with the

external parts. You have received the appropriate remedies in accordance with the warranty on

the products. The warranty provides the remedy for any product found “not to be of

merchantable quality, reasonably fit for the purpose or purposes for which it was supplied, or if it

has defects in workmanship or materials during the warranty period.” Among the remedies are

to replace the product, which Cochlear has consistently done in your sons’ situations. A copy of

the warranty card is attached.

We regret your dissatisfaction with your sons’ Cochlear implant external device. However,

Cochlear has satisfied its obligations to you. It has provided your sons with replacement parts as

needed, at no charge, all in accordance with the warranty on the parts.

Cochlear and the elliptical logo are trademarks of Cochlear Limited. 2

Nevertheless, Cochlear remains willing to try to address some of your inconvenience and general

dissatisfaction with your sons’ parts. We would like to have one of our clinical application

specialists (“CAS”) arrange to meet with you at your audiologist’s offices to review each of your

sons’ processors and associated parts to see if we can provide you with any suggestions to

minimize the wear and tear on the parts and to assess the condition of the existing parts. If there

are parts needing replacement, the CAS can facilitate the replacement with equivalent Freedom

parts. If you would like to take advantage of this offer, please contact Sara Causin at 504-834-

7852 and she will make the arrangements.

Kind Regards,

/s/

Debra O’Connor

General Counsel

cc: Tanya Anderpont at Ochsner Clinic

Sara Causin

The warranty is only for 3 years and the processor breaks around 3 to 4 times a year. For a new processor is about $5000.00