Defibrillator Device Suit Dismissed On Federal Preemption

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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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Expert Drowns in Whirlpool

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 →