Warranty or refund?

In mid-April my pump clinic gave me a Dana i pump, to replace my Medtronic 640G which was some way out of warranty.

The clinic offer a wide choice and I thought I'd done my homework, and would be able to closed loop with it. The Bluetooth connection became intermittent quite quickly, not sure whether it was the Android devices or the pump, but I stopped being able to connect from a number of devices. By mid-May it started flattening batteries in days, and eventually wouldn't accept a fresh battery, pronouncing them flat.

I called Advanced Therapeutics (Sooil's UK distributor) who said they'd send return packaging but it would have to go back to Korea where Sooil are based, and the round trip plus investigation would take up to two months, depending when they received my pump, as they do one shipment per month in each direction.

After another month I'd heard nothing, so I called them again. Turned out the first person hadn't done anything about my call so we went through it all again. Eventually, what with my summer holiday, repacking it when they changed the shipping, and then sent the wrong postage, it eventually reached them on 13 July.

Having heard nothing, I called Advanced Therapeutics on 22nd October. They told me that my pump was one of 50 which they'd just received from Korea with firmware corrections, and they'd be sending them out as soon as possible. They also said they'd try to get mine out that week.

After that I've heard no more and they've had it for four months - six months since I reported the problem. Luckily my 640G is still trucking on; and Medtronic are even going to send me a new one before Christmas with a revised, less breakable collar for the reservoir.

Compared to Medtronic, who'd send a new pump out and collect the old one at the same time, so almost no downtime, the support for the Dana has been poor.

In the UK this situation is covered by the Sale of Goods Act. If I'd bought something which failed that quickly, I could ask the vendor for a refund. The hospital which bought it suggested a refund might be possible, but now think not. The hospital won't replace my pump as it's within warranty, which is fair enough as it should be Advanced Therapeutics' responsibility.

Can I hold Advanced Therapeutics, who sold the device, to any standard?

It seems not, but I'd be interested in hearing of any similar experiences.

Just had a message saying that Advanced Therapeutics have announced that the Dana i pumps are being recalled due to a Bluetooth issue: "it is necessary to replace your pump with upgraded firmware" and they'll be providing a replacement pump.

Not sure if that's temporary or permanent replacement.

Chas C said:

I appears from your post that AT did not supply you with a replacement pump at all during this time (other than your own older one), if not then you should raise an NHS report over this https://www.gov.uk/report-problem-medicine-medical-device.

You do not mention if you raised this with your hospital team or your CCG who are funding your pump for you, they would have been my second point of contact after no joy with AT.

Did you have pump insurance, if so would they also not cover a defect like this and get you a replacement ?, this would have been my last option.

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Thanks for your thoughts.

Because it isn't pertinent to my question I didn't mention that Advanced Therapeutics offered me a loan pump.

I chose to use my Medtronic because AT required me to sign a waiver to indemnify them for any problems with the loan pump, to be determined by them on its return. As I'd had the new Dana i for around two months before it started playing up, and at that time AT were going to send it to Korea for investigation with an uncertain outcome, I didn't see any reason to take the risk that if something similar occurred with the loaner that I wouldn't be held responsible. If so the cost would I think be around £4,000+. And I didn't need it.

I've kept my pump clinic fully involved at all stages. They suggested I might like to switch pumps, then said that they couldn't return the pump, hence my question - can I hold Advanced Therapeutics to any standard of reponsibility.

Pump insurance - well who knew? I'd never heard of that so I Googled it. Insurance4InsulinPumps say:

Our policy not only includes cover for theft and accidental damage, we also cover loss of your pump, handset and even your CGM.

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so it wouldn't be much help in the case of a pump which is faulty by design. Which is how insurance usually works - it doesn't cover losses which are covered elsewhere such as by warrany.

Fwiw my problem is not with AT. It's that the pump is faulty and I'd like to return it.

If it were faulty consumer goods I'd be able to do that and get a refund.

My question was whether anybody else had some experience which might be relevant, in particular of getting a refund.

Just an update.

My insulin pump clinic chased Advanced Therapeutics and were reassured they were dealing with it.

It's now been 4 months since Advanced Therapeutics told me they had my replacement and were sending it to me, and 8 months since I first reported the fault.

I've not heard anything from Advanced Therapeutics, and my pump clinic are going to chase them again.

Yesterday my Medtronic 640G packed up - a hairline crack in the case may have let moisture in and it reports every new battery as flat. It's out of warranty, I called Medtronic late at night and they are sending a loan pump which will arrive tomorrow.

Unfortunately not as far as I know.

Medtronic suggested extending the warranty on my 640G, however someone would have to pay for that.

My pump clinic and PCT fund a pump every four years and the Dana I has three years to go.

So I can't change unless Advanced Therapeutics offer my clinic a refund for the Dana, which my pump clinic say they won't.

Due to the nature of the purchase, I have no direct say over the repair or refund of my pump.

My pump clinic have just spoken again to Advanced Therapeutics and tell me that:
"ATUK confirmed that you should have received it a few months ago but unfortunately it wasn’t dispatched."

Apparently they're sending it now.

It seems quite disorganised but at least after 8 months it should now be resolved.