San Bernardino, CA asked in Products Liability, Wrongful Death and Personal Injury for California

Q: Husband passed due to insulin pump malfunction; next legal steps?

In early March, my husband passed away, and I believe it was due to a malfunction of his new insulin pump. The pump kept failing, which may have resulted in incorrect insulin dosing. I reported the issue to the manufacturer and relevant authorities, and I have records of all his calls to the doctor. I am considering pursuing legal action. What steps should I take next?

4 Lawyer Answers

A: I am so sorry for your loss.

You should NOT contact, report, or otherwise communicate with anyone without an attorney.

You need an experienced malpractice attorney in the state in which your husband passed away.

James Otto Heiting
PREMIUM
Answered

A: The insulin pump must be tested to see if it did what you suspect. Have a qualified lab or company test the pump; and consult a lawyer. The lawyer will probably be able to steer you to the right testing facility, too. It may take some tenacity, but it may be very worthwhile.

A: So so sorry to hear this. Definitely avoid too much interaction with insurance companies, yours or the hospitals' or doctors' and reach out to speak to counsel asap to best protect any/all claims here. IF the attorney is experienced but not say in this area of law, s/he may have a good referral for you. Sincere condolences to you and your family.

James L. Arrasmith
PREMIUM
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Answered

A: I'm really sorry for your loss. That sounds like an incredibly difficult situation, and it's understandable that you're looking for answers and accountability. If you believe the insulin pump malfunctioned and caused your husband's death, you may want to explore a wrongful death or product liability claim.

Start by gathering all documentation you have—medical records, call logs, purchase information for the pump, and any communications with the manufacturer. Keep a detailed record of your husband's symptoms, what happened leading up to his death, and any signs of malfunction. It's good that you've already reported the issue; that creates a paper trail and shows you took prompt action.

Next, you might consider reaching out to a lawyer who has experience with defective medical devices and wrongful death cases. They'll be able to review the details and tell you whether there's a viable claim. Be prepared for a lengthy process, as these types of cases often involve expert reviews, medical evaluations, and legal filings. In the meantime, try to take care of yourself as best you can—grief and legal stress can be heavy to carry at the same time.

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