Visitor Question

Faulty Infusion Machine Causes Diabetic Ketoacidosis…

Submitted By: Renee (Raleigh, NC, USA)

I was hospitalized in the ICU for 3 1/2 days due to a faulty infusion set I used with my insulin pump. The infusion set was recalled approximately 1 month following my hospital stay.

I was suffering from severe diabetic ketoacidosis (DKA) when I was taken to the ER. I was placed on an insulin drip as well as fluids. My blood sugars slowly came back into the proper range. I was then placed back on my pump and my blood sugars started creeping back up toward the DKA status.

My insurance costs were $17,000 and I incurred $3,000 in lost wages. My health insurance covered all but about $3,000 of the insurance costs. My health is not what it was before the incident.

My family still suffers with worry every time I travel with my job for fear I will have a similar incident again. I have spoken with an attorney who reviewed my case and am now being told that based on a formula, my case would return an approximate settlement of $25,000 including pain and suffering and loss of consortium.

I have two questions:

1) Is the attorney on track with the settlement amount?

2) The case happened in NC. Will the insurance company require me to repay them for any settlement I received?

Thanks a lot for any advice.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Renee,

Renee:

Because you are currently represented by an attorney the law prohibits us from commenting on the specific facts of your case. We can though generally comment on the manner in which similar cases proceed through the legal system.

Insurance policies differ in their application to policy holders. Most will not require you to reimburse them for the money they paid out on your behalf. If that were the case there would be no reason to have insurance.

Instead, insurance companies will “subrogate” against the owner of the company who manufactured the faulty infusion set. (Subrogate means they want the manufacturer to reimburse them for the money they paid you).

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 6, 2011

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