Judge Refuses to Dismiss Claims Against Medtronic in Insulin Pump Case For Lack of Prosecution

HOUSTON — A Texas federal judge has refused to dismiss for lack of prosecution claims against Medtronic MiniMed Inc. in an insulin pump case, finding no evidence that plaintiffs, as distinguished from their counsel, are responsible for the delay and that “no other aggravating factors are present to warrant dismissal with prejudice.”

However, in the March 23 order, Senior Judge Nancy F. Atlas of the U.S. District Court for the Southern District of Texas dismissed the claims against co-defendant Unomedical A/S for failure to serve.

According to the complaint, Donald Hawn used a Medtronic MiniMed insulin pump to manage his …