Consumers Say They Were Left in Danger
The lawsuit paints a picture of a company that prioritized marketing over medical integrity. Grisoli said Dexcom’s frequent device failures forced her to buy replacement sensors at an unsustainable pace, prompting threats from the company to cut off sales when she exceeded monthly order limits.
Her complaint also accuses Dexcom of concealing defects, arguing that any statute of limitations should be tolled because consumers could not have reasonably discovered the problems. She seeks to represent a nationwide class of purchasers, as well as a California subclass, alleging violations of multiple state and federal consumer protection laws, including:
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Breach of express and implied warranty
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Negligent misrepresentation and fraudulent omission
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Unjust enrichment
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California’s CLRA, UCL, and False Advertising Law
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Song-Beverly Consumer Warranty Act
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Magnuson-Moss Warranty Act
“A Matter of Life and Death,” Attorneys Say
“For millions of people living with diabetes, technology isn’t optional — it’s a matter of life and death,” said C. Moze Cowper of Cowper Law LLP, one of the attorneys representing Grisoli. “Our lawsuit seeks accountability for Dexcom’s misleading claims about a medical device patients depend on every hour of every day.”
Co-counsel Adam J. Levitt of DiCello Levitt LLC added that medical device manufacturers must be held to the highest standards, emphasizing that transparency is crucial when lives are at risk.
The case also recalls previous lawsuits involving Dexcom’s earlier G6 model, which plaintiffs claimed produced inaccurate readings and failed to warn users during dangerous glucose drops.
