In its motion to dismiss a man’s suit alleging injuries from a defective glucose monitor, the manufacturer of the device argues that the complaint does not allege specific allegations of defect and was filed one day past the applicable statute of limitations.
Defendant Arkray USA Inc. filed a motion to dismiss the complaint on Oct. 7 through attorney Matthew Champlin of HeplerBroom in Edwardsville.
The defendant argues that the complaint is time-barred under the statute of limitations and “fails to plausibly set forth recognizable claims for relief.”
Arkray argues that plaintiff William K. Tomerlin originally filed a complaint prior to the February 2019 expiration of the two-year statute of limitations. That complaint was voluntarily dismissed on Sept. 16, 2019. He then had one year to file the new complaint, but missed that deadline by one day.
The defendant argues that Tomerlin failed to set forth any recognizable claims for relief.
“Here, Plaintiff fails to plead, or even suggest, that the product was defective when it left Defendant’s control. To the contrary, Plaintiff pleads that the blood glucose monitor worked for months prior to the issues that he claims began in February 2017,” the motion states.
Arkray also argues that Tomerlin’s complaint fails because he does not specifically allege what is defective about the glucose monitor. Instead, the defendant claims the plaintiff makes “vague and generalized” allegations of a defect.
Further, Arkray claims it did not have a duty to warn because a duty only extends to known risks.
Tomerlin originally filed a complaint against Arkray in March 2019, which was voluntarily dismissed on Sept. 16, 2019.
Tomerlin refiled his complaint in Madison County Circuit Court on Sept. 17. Arkray removed the case to the U.S. District Court for the Southern District of Illinois on Oct. 7.
According to the complaint, Tomerlin claims he obtained a new glycometer from Arkray in the fall of 2016 so he could monitor his blood sugar and manage his diabetes. He claims that in the first week of February 2017, the glycometer began giving inaccurate readings.
“Mr. Tomerlin, not being medically trained and without the wherewithal to check on the accuracy of the glycometer, gave himself injections based on the readings from the glycometer,” the suit states. “Arkray USA, Inc., knew when it provided the glycometer to Mr. Tomerlin that he would rely upon its readings and that inaccurate readings would cause him to administer to himself improper amounts of glucose.”
Tomerlin claims that on Feb. 3, 2017, he became ill and was hospitalized at St. Anthony’s Health Center in Alton as a result of the improper administration of glucose. He allegedly suffered several adverse symptoms and developed hallucinations.
“Mr. Tomerlin suffered these symptoms because he administered improper doses of insulin because of the failure of the glycometer manufactured by Defendant to properly monitor his blood sugar levels as the glycometer was designed to do,” the suit states.
Tomerlin claims Arkray knew that administering improper amounts of glucose could cause severe injuries and knew that the glycometer model at issue was causing injuries to patients.
Tomerlin accuses Arkray of negligently selling a glycometer that gave inaccurate readings and failing to warn users of the propensity of the device giving inaccurate readings.
He seeks a judgment in his favor in excess of $50,000, plus court costs.
He is represented by Ronald Roth of Roth Law Offices LLC in Granite City.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-1060