These quality problems with the supplies (subcutaneous infusion sets) have persisted over at least two years. She has documented the problems with the sets and tried patiently and in a business-like manner to work with the customer service department of the manufacturer. In the past, they have sent her replacement sets, however, many of the replacement sets have also been faulty. She recently called and asked to exchange her remaining sets for another type that the company manufactures. The company rep refused, citing their 30 day replacement policy. They now refuse to replace any more sets and will no longer deal with her. The high blood sugars and ketoacidosis as well as the physical and emotional stress are very damaging to the body. I would like to know if she has any recourse
Ethics / Professional Responsibility Lawyer
What recourse are you looking for? The company that supplies the sets is not practicing mediciane, so they can't be sued for malpractice. In theory you could sue them on a products liability theory, but as a practical matter it would be too expensive and difficult to prove the defects in the product, or to prove that the defective products were causing the injuries you describe.
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Personal Injury Lawyer
Mr. Brophy view is right on point. Add to that serious questions being raised as to whether you should have changed to a different manufacture/brand if you continuously had this problem, or address the issues with your doctor to explore alternatives. Continuing to do something which knowingly is harming you, as you claim, only serves to provide a strong defense argument of "culpable conduct" in bringing about, or continuing the harm being experienced.