Our case is filed to recover damages for users of the strips for use with the OmniPod® Insulin Management System’s Personal Diabetes Manager. FreeStyle® Blood Glucose Test Strips were the only test strips approved by Abbott for use with the OmniPod®. Defects in the strips caused erroneously low results and resulted in consumers experiencing huge swings in blood glucose levels. We are trying to collect information from consumers who experienced problems with these strips.
We believe our client’s experience with the strips is typical among users of the product. During the course of the last year and a half, our client exclusively used the FreeStyle® Bloood Glucose Test Strips with the OmniPod® Insulin Management System to manage his condition and insulin therapy. Before using the FreeStyle® strips, he was successfully managing his diabetes and insulin therapy and had never been hospitalized because of his inability to manage and control his condition. However, during the course of the last year and a half, our client experienced huge unexplained swings in his blood glucose levels and associated physical reactions resulting in multiple visits to several doctors who likewise could not explain the situation.
The complications our client suffered included severe headaches, sweats, fatigue, and numbness in his legs and feet. Ultimately, our client went to the emergency department and was hospitalized for approximately 5 days, all necessary to get his blood glucose levels under control and his condition stabilized. Now, our client’s doctors report that his condition appears to have exponentially worsened, including a large increase in his A1C, in the last year and a half because of the inability to control and properly manage his diabetes and insulin therapy.
In February, the mystery surrounding our client’s unexplained problem was solved when Abbott mailed out an “Urgent Product Recall” concerning the FreeStyle® Blood Glucose Test Strips. The “Urgent Product Recall” instructed users to immediately stop using the FreeStyle® Strips because when using them with the OmniPod® Insulin Management System, the test strips “may produce erroneously low blood glucose results” and that “[e]rroneously low blood glucose results that are not recognized may pose significant risks to your health.” See https://www.abbottdiabetescare.com/press-room/2014/2014-b.html.
We believe the recall fails to fairly compensate consumers what they are owed. First, there’s no offer for compensation of damages suffered in the way of medical expenses, pain and suffering or even simple inconvenience. Even the minimum owed for reimbursement of defective strips is inadequate. Abbott’s “Urgent Product Recall” states that consumers can obtain “replacement strips at no cost.” However, our client was only been provided with 400 replacement strips despite having nearly 2000 defective ones still in his possession that he ordered and purchased in the last 6 months, and despite having purchased and used approximately 5000 FreeStyle® Strips in the year and a half not knowing they were defective.