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JWC Overcomes Dexcom's Attempt to End Lawsuit over G6 Medical Device Failure

Posted by Brian Cathey | Apr 09, 2022

JWC filed a wrongful death lawsuit on behalf of client Julie Tuttle.  Her husband died from hypoglycemia after his Dexcom G6 Continuous Glucose Monitoring System failed to alert him to his dangerously low blood sugar levels.  Dexcom attempted to have the lawsuit thrown out, arguing Ms. Tuttle's claims were preempted by federal law and inadequately pled.  JWC partners Natalie Woodward and Brian Cathey successfully argued that unlike Premarket Approval of Class III medical devices, the De Novo Classification of Class II medical devices did not trigger preemption, so the lawsuit should continue.  The decision by Northern District of Georgia Judge Leigh Martin May is one of the first in the country to address this important medical device issue.

Atlanta television station 11 Alive covered the story: Family claims glucose monitor's failure responsible for father's death

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Brian Cathey


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