The U.S. Supreme Court refuses an appeal from medical device manufacturer Medtronic in a liability lawsuit filed by an Arizona man allegedly left paralyzed by a Medtronic pain pump.
In a related Medtronic matter, Attorney Matt Harman discusses a lawsuit filed on behalf of a mother claiming her daughter died due to a defect and malfunction of her Medtronic insulin pump, prior to the manufacturer providing the FDA with information that later led to a Class 1 recall:
In the matter Stengel v. Medtronic, Inc., 704 F.3d 1224 (9th Cir. en banc 2013), cert. denied (U.S. June 23, 2014) (No. 12-1351), the Supreme Court’s refusal means that a lawsuit against the Minneapolis-based Medtronic can go forward in state courts .
Reporter Gayle Putrich of Crain Communications summarizes the Court’s action:
Richard Stengel was left paralyzed in 2005 after the Medtronic SynchroMed EL pump and catheter surgeons implanted in 2000 allegedly malfunctioned. The pump was meant to deliver pain medication directly to his spinal cord but a mass grew on the end of the catheter. In 2005, Stengel collapsed because of the malfunctioning device and was left paralyzed from the waist down by the time doctors were able to remove it. Stengel, who has since died, sued, saying Medtronic learned the device was prone to such problems, but never told the FDA. His wife is pursuing the case.
The company had sought to have the original case, Stengel v. Medtronic, thrown out based on a legal concept that strictly limits the ability of individuals to sue for injuries allegedly caused by medical devices if those devices have been approved by the U.S. Food and Drug Administration, commonly called pre-emption.
Both the Medtronic pain and insulin pumps were recalled following reports of injuries and deaths, in 2012 and 2013. See links to FDA recalls below.
Insulin Pump Also Under Scrutiny
Harman Law Firm has filed a lawsuit against Medtronic following the death of a young woman while using the MiniMed Paradigm MMT 722 Insulin Pump
A college student with the Medtronic MiniMed died from “diabetic ketoacidosis,” a condition that results from uncontrolled blood sugar that can quickly lead to heart failure, kidney failure, coma or death.
The complaint alleges that the MiniMed pump was defective and malfunctioned and that the manufacturer tested the pump following the woman’s death and concluded that the pump was in fact defective with a “faulty microchip” and “broken solder on joint on the interface board.”
Medtronic pump deaths: Attorney Matt Harman and the firm’s defective medical device attorneys are continuing to investigate deaths that may be a result of using Medtronic medication and insulin pumps.
If you or someone you know has experienced harm from a Medtronic drug or insulin pump, contact Harman Law LLC at 1-888-55-HARMAN or fill out the “contact us” form on this page for a no cost, no obligation consultation to learn your rights. You may be eligible for compensation, though there may be a time limit to file a claim.
If you are currently experiencing any health-related issues, consult your medical professional immediately.
- Harman Law LLC represents clients across the country who have been injured by dangerous and defective drugs and medical devices.
U.S. Supreme Court Refuses Medtronic Appeal, Crain Communications/Plastics News, June 30, 2014
Stengel v. Medtronic, Inc., 704 F.3d 1224 (9th Cir. en banc 2013), cert. denied (U.S. June 23, 2014) (No. 12-1351)
FDA Hits Medtronic With Class 1 Recall Over Faulty Insulin Pump Part, Fierce Pharma Medical Devices Update, July 12, 2013
FDA Class 1 Recalls of Medtronic Pumps
Medtronic Synchromed, Failure and Occlusion, June 28, 2013