Medical Device Flaws and Patient Harm: The Urgent Need for Accountability

Medical Device Lawsuits

Carlton “PeeWee” Gautney Jr., a diabetes patient from Opp, Alabama, depended on a small device, the size of a deck of playing cards, to deliver insulin into his bloodstream. This device, manufactured by Medtronic, was crucial for regulating his insulin levels. Tragically, on May 17, 2020, Gautney, a motorcycle enthusiast and police dispatcher, passed away suddenly, allegedly due to a malfunction in the insulin pump that led to a fatal overdose.

His daughter, Carla Wiggins, is now pursuing a wrongful-death lawsuit against the manufacturer, claiming that the pump was “defective and unreasonably dangerous.” While Medtronic denies any responsibility, more than 400,000 Medtronic devices, including the one Gautney used, were recalled starting in November 2019 due to a risk of over or under-delivery of insulin. Shockingly, the company had delayed action and failed to promptly warn patients, despite accumulating tens of thousands of complaints about the device’s issues, as revealed by government records.

This case highlights a larger issue in the medical device industry: lax FDA oversight and the subsequent harm caused to patients. In the United States, most medical devices, including implants, are approved for sale by the FDA without rigorous safety or effectiveness testing. Instead, manufacturers need only demonstrate “substantial equivalence” to an existing product on the market, a process criticized for its overuse and inherent risks.

Once on the market, the FDA struggles to track device malfunctions, including injuries and deaths, while injured patients encounter legal hurdles when trying to hold manufacturers accountable for defects. Victims seeking justice often pursue product liability lawsuits against manufacturers, distributors, and sellers.

The lawsuit process typically involves the following steps:

1. Consultation with Our Law Firm: Victims must consult with experienced attorneys specializing in product liability cases to assess the case’s merits, identify liability, and explore legal options.
2. Filing a Lawsuit: With legal guidance, victims file a lawsuit alleging negligence, product defects, or other relevant claims.
3. Discovery: Both parties exchange information and evidence, including documents, testimonies, and expert opinions.
4. Settlement Negotiations: Parties may engage in settlement discussions to reach a resolution before going to trial.
5. Trial: If a settlement cannot be reached, the case proceeds to trial, where arguments and evidence are presented before a judge and jury.
6. Verdict and Damages: Successful plaintiffs may be awarded damages, covering medical expenses, pain and suffering, lost wages, and other relevant losses.

An attorney’s experience is crucial at each step to build a strong case, navigate complex legal procedures, and ensure fair compensation for victims. In light of these challenges, victims harmed by medical devices need experienced attorneys to advocate for their rights.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

For those affected by flawed medical devices, Parker Waichman LLP, a nationally recognized product injury law firm, is here to help. They offer a free consultation to victims who call 1-800-YOUR-LAWYER (1-800-968-7529). Take action now to protect your rights, seek justice, and hold those responsible accountable for their actions. Your health and well-being matter, and Parker Waichman LLP is committed to standing by your side.

Regardless of your location or where your injury occurred, our nationwide personal injury law firm is ready to assist you.