Hello Carebear, and Welcome! So glad you found us.
This infuriates me. I've heard this same thing from a couple of other pumpsters and I can not BELIEVE that these manufacturers allow this to happen! I certainly do smell lawsuit, Carebear.
But, like Besidemyself has shared, they have stated that since it hasn't harmed 'yet', that there is no ground for a suit. I think that's a huge load of CR@P ! This goes BEYOND unethical!!

I sure hope you both can find the means to make something happen. It shouldn't matter whether or not the pump supposedly hasn't caused any harm 'yet'......they have commited a CRIME by installing one of these things in you long after the recall. Like you've stated, yours is swelling up and you have no explanation for this. SOMEBODY needs to answer for this.
Please stick around and let's try to find out what path there may be to take regarding this astrocity. This way hopefully we can help guide those who come here with these circumstances as you are faced with.

Have you been able to make contact with the Reps on this?

Hopefully something will come of this without having to wait too long.

Caring,
Rae

Aside from the supposed lack of harm at this juncture, other legal scholars would take a look at the fraud piece...... you know, the "I was going to sell you a new fully functional widget, but I sold you a recalled, subject to problem wadget instead." I find surprise one has difficulty seeing the full breadth of the problems for patients in whom such devices now reside.

But then, I scratch my head,
Mark56

While I worship at the feet of Pain Man (exaggeration!), I disturst the medical community for the most part. Back when I still had a real life, I served on many medical missionary trips...........mostly to south and central America and several trips to Haiti durring Baby Doc's regieme.

I worked as a clerical person and gofer. That put me in a postition to know what was really going on. I packed boxes of supplies to be sent in advance. Most of the meds were either pre-recall or out dated. The pharmcutical companies would donate the meds and supplies, take their tax write off and wait for the recalls to come through. They seldom applied to third world patients. After all, THOSE people were lucky to get what they could. I spent many hours in hospitals re-sterilizing disposable equipment/supplies that were being reused by neuro patients.

Nothing surprises me anymore relative to Big Pharma and a huge portion of the medical community. I don't want ANY physician working on me after wittnessing a careless attitude towards the patients who needed his skills the most. Of course there are gifted, eithical, compassionate men and women in the medical field. It just takes a while to reach the point where I will trust you with my body now. I have been butchered too many times before I became understandably cautious. Best wishes to all.

It gives me heeebie geebies to read of unethicality in missionary situations. I pray earnestly there are bright shining exceptions to the conduct you witnessed. I am sorry to see, as a member of corporate legal commerce, there are those who care not for those whom they purport to serve with donations while taking tax deductions to boot. I guess you could say that is why I still harbor a goal of privatizing a large market provider of these things so accountability would roost with someone rather than no one.

One of my MOST UNFAVORED portraits of all time is of a board of directors sitting around a circular board table as that at which I have sat before, seeing each of the mock directors pointing the finger to the person next to them. The old "who me?" scenario. The kind which shows Wall Street to be a mockery of rules............

Yup,
Mark56

Medical care in the third world is insane. I went on one trip to Guatemala where the two major goals were for a neurosurgeon to operate for about 10-12 hours a day for ten days and to set up a screening clinic to arrange for kids with orthopedic problems to come to America for treatment that is not available there. Post polio syndrome is a major problem down there.

When we arrived at the public hospital the first day, the surgeon found out that the hospital was closed due to the fact that all of the washers and dryers were broken. All "elective" surgery had been cancelled. The private hospitals would not pick up the slack. The families of the few patients that were there had to wash their bedding and towels on scrub boards outside with cold water and no bleach. Infection control was nonexistant.

As frustrating as our medical care system is, I keep trying to remind myself that I could be a lot worse off. Isn't there a cut and dry legal issue if a device that has been recalled is implanted AFTER the recall? I can't go along with a wait and see position when somebody/somebodies blew it. It needs to come out, given the date of the recall and the date of the implant. Back to bed now. Take care and don't push the envelope too hard.

thank you so much
speaking the truth
so well
thank you thank you
i am afraid to be touched
no more

take care

from someone who cares

Class Action Fraud in the factum regarding the active decision on the part of a manufacturer in the face of FDA imposed recall, continues to distribute the recalled items without repair or revision to bring them into conformity with specs BEFORE they are implanted into hopeful patients. Sure, a firm may think solely in terms of the personal injury style case only because they practice law with blinders on without contemplating the full range of contractual risk which comes into play the moment the surgical team lifts a recalled product from its packaging and presents it for insertion into an anesthetised patient.

Wholesale disregard for patients and lack of due care on the part of such surgical teams implanting recalled goods all should come to mind in a products case IN ADDITION OR AS AN ALTERNATIVE TO the presentation of a possible personal injury case. Seems to me in the notion of passing a bar exam one must be able to pick out issues, discuss in the alternative multiple approaches to the problems presented and do so without blinders. Maybe the horses whom you approached were only accustomed to running in loops from right to left subject to the ringing of a bell........ I think they refer to such events as derby events.

This is WHY in the 1970s Ford had to recall all pinto autos because of the crash and burn possibility, why in the 80s the manufacturers of tylenol had to recall from all store shelves unprotected packaging because a nut case had tampered with store stocks by poisoning some of the packages. SHOW ME or YOU how a firm can ignore the malignant practices of someone who might sell existing stock of recalled items....... the logic escapes me.

I am thinking in the terms of harm to the patient public at large here rather than a single plaintiff "I was hurt" situation which may be more lucrative to some practices than the larger overarching protect society actions.

Teddy Roosevelt would cry "Bully" and plough on,
Meekness solves little here,
Marl56zzzzzz

Thanks Mark,
I feel pretty upset when the FDA warned doctors about putting mesh inplant in areas of women. Warned not good. I noted the same year that warning went out...my urologist use the mesh sling for my bladder and closed surgically with mesh as well. My urogy has not given me any indications that any of my problems are due to this; but who knows? I don't. Unfortunately, I am not one to deal with this and so just adding 2 cents to something I won't take time and effort to do. The sad part about doing nothing ......is too often others are given the same thing as well. For that I feel badly about doing nothing.....

Gerry)

It's time for a line to be drawn in the sand. Big Pharma and some doctors for that matter, may make light of the low percentage of negative results but the percentages don't mean much when you are one of the victims.

When I had my scs trial I decided to discuss the problem with the Medtronic tech. He made the mistake of saying there was no problem and there had been no recall at which time I could see Pain Man's surgical nurse's eyes get real big and Pain Man cleared his throat real loud. The poor kid just didn't understand their nonverbals until I gave him the model numbers and the dates of recall. I asked Pain Man if there was another tech who could program me at the hospital. He chuckled and said he had already mentally chosen someone else as he knew I would not let anyone who had lied to me about something like that program me. It's a matter of trust.

I programmed myself.

Yup,
Mark56