A District Court in New Jersey recently dismissed a products liability action against Boston Scientific Corp., Guidant Corp., and two related medical device companies, finding that the Medical Device Amendments (“MDA”) to the Federal Food, Drug, and Cosmetic Act (“FDCA”) preempted the state law claims alleged against the companies. See Chester v. Boston Scientific Corp., No. 16-cv-2421 (D. N.J.).
The Plaintiff in Chester filed suit over alleged flaws in her late husband’s defibrillator that had been implanted to address his cardiac issues. The Plaintiff claimed that the Defendants’ defibrillator contained defective “leads” or wires, and was unfit for the purpose for which it was sold– the treatment of heart failure. The Plaintiff also claimed that the device caused Plaintiff’s husband serious physical harm and lead to his death.
The original Complaint contained eight causes of action and
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On May 9, Judge Amy St. Eve of the United States District Court for the Northern District of Illinois (i) denied certification to various classes of consumers who purchased allegedly defective Whirlpool ovens, and (ii) excluded the opinions of Albert de Richemond, plaintiffs’ expert for proof of a common defect among theRead the full article →
In the vast majority of jurisdictions, a plaintiff is required to offer expert testimony to establish the applicable standard of care and that the defendant’s alleged breach of that standard was the proximate cause of the plaintiff’s injuries. Although courts generally consider licensed physicians qualified to provide expert testimony regardingRead the full article →
As part of its mandate to issue consumer product safety standards for durable infant or toddler products under The Danny Keysar Child Product Safety Notification Act, section 104 of the Consumer Product Safety Improvement Act of 2008, the U.S. Consumer Product Safety Commission (“CPSC”) recently approved a new federal standard to improveRead the full article →
Back in March, the House of Representatives passed, by a 220-201 margin, H.R. 985—officially dubbed the Fairness in Class Action Litigation Act of 2017 (FCALA). By proposing changes to the Class Action Fairness Act, in its own words, FCALA aims to: (i) assure fair and prompt recoveries for class members andRead the full article →