The Newport Beach consumer rights lawyers at Bisnar Chase have filed a class-action lawsuit on behalf of an elderly plaintiff whose defective medical alert device failed when he fell and required emergency medical attention. According to the complaint filed in U.S. District Court (Central District of California – Western Division), the defendant, GreatCall Inc., who manufactures and sells Lively Mobile Plus advertised it as “the highest standard in medical alerts” claiming that it will provide elderly individuals with “help anytime, anywhere, 24/7” and that it has the “fastest call response time, enhanced GPS and fall detection.”
Product Failed in Time of Need
However, when the plaintiff, a San Luis Obispo resident, required emergency services twice, the Lively Mobile Plus device failed. On both occasions, the plaintiff fell and upon activating the device, the fall detection and GPS failed and did not alert emergency services. This caused the plaintiff additional harm. The man had purchased the device on April 21 for $63.86 and paid $24 a month thereafter for their services. The plaintiff, being a senior and a veteran, needed the device because he suffers from a number of health conditions.
After he contacted the company and complained about the device’s failure, the company confirmed that their product was defective. However, when he purchased the device, the plaintiff had no idea about this product defect, which put him in a precarious situation. He did not get the help he needed when he needed it.
As a direct result of the company’s failure to disclose the defect in this medical alert device, the plaintiff suffered losses, including out-of-pocket expenses. GreatCall Inc. is a leading provider of connected health and personal emergency response services to the elderly and has more than 900,000 paying subscribers. In August 2018, Best Buy acquired GreatCall Inc.
Holding Product Manufacturers Accountable
When consumers buy products, they do so with a reasonable expectation that the product will work as advertised. In this case, the product was meant to alert emergency services if the person with the device suffered a medical episode and immediately needed help. Getting timely help can make the difference between life and death.
If you have purchased these medical alert devices and subscribed to the company’s services, you may be able to seek compensation by joining this class action. A class-action lawsuit is a means for consumers to hold large corporations accountable for unethical and improper ways of conducting business. If you have been affected by these defective products, contact us at (877) 514-6933 to obtain more information about pursuing your legal rights.
