An insulin pump is a vital medical device that automatically regulates a diabetic’s insulin levels throughout the day. Insulin pump therapy has transformed the lives of many people living with diabetes, from children to adults to the elderly. But not every insulin pump works as intended, and many have been recalled due to potentially life-threatening issues.
When medical devices like insulin pumps fail, patients can suffer serious injuries or worsening medical conditions. This can lead to unnecessary treatment, mounting medical bills, and incredible pain. In the worst cases, malfunctioning insulin pumps can result in death. If you or a loved one suffered harm, you can file an insulin pump lawsuit and seek compensation.
How Often Are Insulin Pumps Found to Be Unsafe?
As noted, many people living with diabetes use insulin pumps to regulate their blood sugar levels. In fact, per DiabetesSpectrum, more than 350,000 people in the U.S. rely on insulin pumps. That number continues to increase as more people are diagnosed with type 1 and type 2 diabetes.
Over the past decade, insulin pump manufacturers, like Medtronic, have recalled thousands of insulin pumps after learning about multiple defects. In 2019, the Federal Drug Administration (FDA) issued a Class I recall — the most severe recall due to the high risk of injury or death — for certain Medtronic pumps. This recall applies to over 320,000 insulin pumps in the U.S., caused 2,000 injuries, and took one life.
In 2022, Medtronic issued another recall for thousands more pumps and remote controls. Nearly 175,000 MiniMed model insulin pumps were recalled. Yet, not every patient learned about the recall, meaning some are still in use. While there are multiple complaints already filed, the full scope of injuries and damages is not yet known.
Recent Insulin Pump Recalls
Medtronic is the main manufacturer that has faced recalls due to malfunctioning and defective insulin pumps. The most recent recall involves issues that could prevent users from getting accurate doses of insulin. The FDA’s recall demonstrated that the pump’s labeling did not inform users of potential issues with the device’s lack of pre-programmed settings.
The company began by instructing customers to make sure the devices were properly programmed before using a new pump or replacement. Since lawyers are still investigating claims, we don’t know the total number of complaints of injuries from hypoglycemia or hyperglycemia.
Medtronic had other recent insulin pump recalls and other issues with the FDA, including:
- 2018 and 2019 recalls of Paradigm pumps due to cybersecurity concerns
- The 2019 recall of the MiniMed Models 630G and 670G, distributed between May 2015 and December 2020, due to broken or missing retainer rings
- A warning letter from the FDA regarding previous recalls and issues found during a facility inspection in summer 2021
These issues put diabetes patients 16 years and older at risk of serious complications. If you or your loved one experienced issues with insulin pumps and suffered from worsened symptoms, you may have a case against Medtronic or another medical device manufacturer. A personal injury lawsuit lawyer can evaluate your case and advise you on a suitable course of action.
Why Are Insulin Pumps Recalled?
The FDA and medical device manufacturers recall insulin pumps for many different reasons, such as:
- Manufacturing defects, like missing or broken parts
- Issues with the programming that affect proper dosing and monitoring
- Priming issues
- Issues with the pumps’ timers and drive motors
- Blocked pump membranes
- Cybersecurity issues where devices were vulnerable to hacking
In all cases, recalls occur because some products put lives at risk. Insulin pumps are supposed to make life easier for people living with diabetes. When they don’t and cause substantial harm, injured claimants have legal options.
Faulty or Defective Insulin Pumps Can Cause These Conditions
When an insulin pump doesn’t work as intended, a patient can suffer from hypoglycemia or hyperglycemia. Both of these conditions can put patients’ lives at risk. Symptoms include:
- Frequent urination
- Excessive weakness or fatigue
- Shortness of breath
- Loss of consciousness
- Irregular heartbeat
There’s no such thing as a “minor” diabetes-related symptom. Even just one of these things can result in a fatal injury. Per the World Health Organization (WHO), more than one million people pass away from diabetes complications each year. If you lost a loved one to a faulty insulin pump, you have legal options. A lawyer can help you file a wrongful death claim and pursue financial justice.
Things You Should Know About Filing an Insulin Pump Lawsuit
You may have many questions about your legal options if you or a loved one suffered harm due to a faulty or recalled insulin pump. The following questions and answers can help you make informed decisions moving forward.
How Much Does It Cost to Hire a Product Liability Lawyer?
Many law firms operate on contingency, meaning that they don’t charge upfront fees to start claimants’ cases. Instead, they take a portion of their clients’ settlements as payment. With this arrangement, you could secure legal help without having to pay a dime.
Who Is Liable in My Insulin Pump Lawsuit?
In many insulin pump lawsuits, the product’s manufacturer bears liability for injured people’s damages. By law, all product manufacturers must release items that are safe for public use. When they don’t, they could be financially liable for any resulting losses.
Still, the responsible party in your case may not be a product manufacturer. Instead, liability could rest with:
- The medical provider who prescribed the device: If a doctor knew an insulin pump could cause problems, but they prescribed it anyway, they may be a responsible party in your case. Note that the keywords are “a responsible party.” There could be multiple parties that bear liability for your injury-related losses.
- A medical device sales company: If a retailer knew of the defect but still sold you the device, it may be responsible, too. Retailers must respond appropriately to product recalls and protect consumers from harm.
Lawsuits involving insulin pumps generally don’t require injured claimants to prove negligence. Instead, they must show that the product in question caused their injuries and losses. Still, proving these elements isn’t easy, which is why many claimants partner with attorneys.
How Long Do I Have to File an Insulin Pump Lawsuit?
The statute of limitations for insulin pump defect lawsuits varies by state. Depending on where you file your case, you could have a very short period to act.
It’s important to consider your legal options as soon as you learn about your insulin pump-related injury. Prompt action allows an attorney to gather time-sedative evidence and build your case. It could also raise awareness about situations similar to yours.
Considerations After Suffering Harm Due to a Faulty Insulin Pump
After learning about your defective insulin pump, there are some considerations that could support your potential injury case. Some of these measures include:
Prioritizing Your Health
Suffering harm from a faulty insulin pump can take its toll on your health. You may have problems regulating your blood sugar, completing daily tasks, and meeting your needs. By consulting with a healthcare provider, you can access treatment that aims to better your condition.
By visiting a doctor, you also create a paper trail of the harm you endured. For instance, your medical records and doctors’ testimony can prove the extent of your injuries and the damages you can seek.
Documenting Your Losses
You want to recover each loss related to your insulin pump and the harm it caused. You should keep all documentation regarding your out-of-pocket expenses, which may include receipts, invoices, and billing statements. You should also document how your injuries have affected you personally.
For instance, if you’re experiencing swollen feet, you should take photos of your condition. This can help your lawyer put a dollar value on your pain, suffering, and other non-economic damages.
Weighing Your Legal Options
The companies that produce insulin pumps have billions of dollars at their disposal. This means, after learning about your lawsuit, the liable party may employ a team of lawyers ready to counteract your allegations. By partnering with an attorney, you could level the playing field, giving yourself the resources to hold the at-fault party accountable.
Referring All Settlement Offers to Your Attorney
Some insulin pump manufacturers are eager to resolve lawsuits. They don’t want to go to court, and they don’t want the bad publicity that comes with litigation. Yet, that doesn’t mean the liable party will fairly resolve your claim.
It may offer less than you need in an attempt to save money and protect its bottom line. When you refer potential settlement offers to your lawyer, they can assess them and explain whether they meet your needs.
Damages You Could Recover Through an Insulin Pump Recall Lawsuit
You shouldn’t have to deal with the consequences of another party’s mistakes. That’s why product liability law exists — so victims who suffer injuries, financial hardship, and intangible losses can get the justice they deserve.
Here are some of the damages you could claim through an insulin pump lawsuit:
- Medical costs: You can recover any cost related to your medical care, including the cost of getting a new insulin pump, hospitalization, and medications. Compensation could account for your present and future healthcare expenses.
- Lost income: If you had to take time off work while suffering complications from a defective insulin pump, you can claim lost wages, tips, bonuses, commissions, and other job-related revenue.
- Reduced future earning potential: The complications arising from your defective insulin pump could affect your earning power. Your case could account for these hardships.
- Physical pain: Hypoglycemia and hyperglycemia can cause serious, painful complications. You deserve compensation to make up for any pain and discomfort.
- Emotional anguish and trauma: Dealing with an injury from a defective medical device can put a toll on anyone’s emotions and mental health. You can include these in your claim, too.
You can get a free consultation with an insulin pump recall lawyer to learn about your recoverable losses.
You Could Seek Financial Recovery After Losing a Loved One
Insulin pumps are medical devices that are supposed to help our loved ones stay healthy. But when they malfunction or are defective from the start, they can cause serious injury, and victims can pass away from the complications.
If you’ve lost a loved one after they used a defective insulin pump, you could recover funeral and burial costs, end-of-life healthcare expenses, and various other losses. A medical device lawsuit lawyer can explain your options and seek what you need from the liable party.
How a Personal Injury Lawyer Can Manage Your Insulin Pump Lawsuit
Personal injury lawyers handle all types of cases where people suffer injuries due to others’ actions. A personal injury lawyer who handles defective medical device cases can support you by:
- Collecting evidence, like medical records, medical bills, manufacturing plans, witness testimony, expert testimony, and more
- Using evidence to prove the insulin pump’s defect
- Demonstrating the financial damages and intangible losses you’ve suffered
- Calculating your damages to determine the true value of your claim
- Identifying all liable parties
- Filing a liability claim and/or legal complaint against the liable parties
- Negotiating a settlement on your behalf
- Filing a lawsuit and representing you in court
- Taking your case on as part of a mass tort case against the liable parties
By hiring a personal injury lawyer, you get someone who wants to seek the best possible outcome for your case, whether that means compensation through a settlement or court award.
Explore Your Options at Your Earliest Convenience
Many victims of medical device injuries don’t know where to turn. They struggle to file claims and get the compensation they need to cover the injuries they’ve suffered. Yet, you don’t have to face this alone. You can let an insulin pump lawsuit attorney handle the stressful and complex tasks of managing your case while you focus on recovery. Fill out the contact form here to learn about your options from a mass torts lawyer in our network.