On Tuesday, a suit was filed in the District of Nevada by a plaintiff on behalf of herself and a deceased relative against Medtronic, Inc., and related entities. The lawsuit alleges the medical device manufacturer was negligent in their manufacture and marketing of an insulin pump that caused the decedent’s untimely death.
The complaint explained that Medtronic produced and marketed a device known as the MiniMed 630G insulin infusion pump (the pump), which was prescribed to the decedent., who had Type II diabetes. The decedent was prescribed the pump in January 2019 and experienced defects in relation to the pump. According to the plaintiff, his usage of the pump caused him to receive a large quantity of insulin which led to severe hypoglycemia, a diabetic coma, and his eventual death on May 14, 2020.
The complaint added that the defendants issued an urgent medical device recall on the Medtronic MiniMed Infusion Sets in late 2017. The recall was issued after reports cited that there was a potential for the over-delivery of insulin after changing the infusion set. This could cause hypoglycemia in patients and in extreme cases, death. In 2019, the defendants issued an urgent field safety notification that warned the insulin infusion pump users of the potential risk of hyperglycemia in the event that the retainer ring was broken. 3 months later, there was a global recall of the pumps since they had the potential to cause “serious injuries or death.”
The plaintiff alleges that the pump manufactured and marketed by the defendants failed to conform to the Pre-Market Approval process and other Food and Drug Administration (FDA) regulations. The plaintiff asserts that although the decedent’s device was recalled in November of 2019, “she does not remember receiving any notification of the recall, nor does she remember her husband receiving any notification of the recall.”
The complaint argues that the defendants were negligent in their designing, manufacturing, and distributing of the insulin pump. When the product was recalled, the complaint alleges that the defendants “negligently failed to remove the recalled infusion sets from the marketplace and stream of commerce.”
The complaint cites claims for strict product liability, negligence, breach of express warranty, breach of implied warranty, consumer protection, survival action, and wrongful death. The plaintiff is seeking damages for past medical, hospital, and drug bills, emotional distress, loss of enjoyment of life, and other economic and intangible losses. Roget also seeks punitive and exemplary damages and any other relief deemed proper by the Court.The plaintiff is represented by Henness & Haight.
