Q: I bought a new prescription medical device that turned out to be used and contaminated. What law applies here?
After a grievance to the health insurer, the medical supplier still held firm that the device was new. Now with my overwhelming evidence, supplier now changed the tune that it was cleaned and disinfected before the sale. Supplier states "this is an acceptable practice in health care". I did lose the grievance and the appeal due to their false statement that it was new. I would guess this is fraud for selling it as a new device for the full price. Also for lying to the health insurance in an investigation.
A: There may be a violation of a licensing body, which would subject the supplier to potentially losing the ability to sell. Also, as you note, the possibility of fraud. However, there appears to be no personal injury damages and, therefore, limited value as a lawsuit. Other attorneys may disagree. Don't be shy about calling around to get other opinions.
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A: There is also the possibility that the supplier sold an "adulterated" device within the meaning of the federal Food, Drug and Cosmetic Act. This can be a serious offense. There are instances where there has been criminal prosecution. https://www.fda.gov/MedicalDevices/default.htm is the FDA website that covers medical devices. It is possible that they would accept a complaint from a consumer.
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