Hello again from Jason J. Joy & Associates. The ongoing litigation involving Medtronic's Minimed Insulin Pumps has seen significant developments. Medtronic, a leading medical device company, has faced multiple recalls from 2009 to 2020 due to design issues with these pumps. These issues have allegedly led to underdosing or overdosing on insulin, resulting in numerous injuries and a reported death.

In February 2020, Medtronic announced a Class I recall, the most serious type of recall, for over 300,000 of their Minimed Insulin Pump devices. The recall was due to a defect that could cause serious injury or even death to users. The defect involves a retainer ring that can cause the vital insulin cartridge to become disconnected from the pump’s reservoir, leading to over-or-under-delivery of insulin.

In June 2023, two federal judges dismissed separate lawsuits against Medtronic concerning the failure of their Minimed insulin pumps. The judges claimed the insulin pump lawsuits are preempted, a legal doctrine based on the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence over state laws when there is a conflict between the two.

However, it's important to note that our legal team does not believe preemption is appropriate in this case. We are aware of the challenges posed by preemption, which comes into play because of the Federal Food, Drug, and Cosmetic Act (FDCA) and its amendments, which require FDA approval for medical devices. A device that goes through this rigorous process and gets approved is sometimes shielded from state law claims due to preemption, because the FDA has already evaluated the device’s safety and effectiveness.

Despite the recent dismissals, we remain committed to seeking justice for our clients. We are exploring all available legal avenues and are prepared to challenge the preemption argument. We anticipate that this process may involve additional legal hurdles and potential delays, but we are prepared to navigate these challenges.

We understand that this is a difficult time for you, and we want to assure you that we are doing everything in our power to advocate for your rights. We will continue to keep you updated on any significant developments in the litigation. In the meantime, if your contact information has changed, please reach out to Jason J. Joy & Associates at 713-221-6500. Thank you for your patience and trust in us during this complex process.

While this article provides general legal information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.