STORY FROM: Drugs & Medical Devices

Warning, Defect, Misrepresentation Claims Dismissed With Leave to Amend in Cordis IVC Filter Case

SAN FRANCISCO — A California federal judge has dismissed with leave to amend inadequate warning, manufacturing defect, misrepresentation and concealment claims asserted against Cordis Corp. in connection with its TrapEase inferior vena cava filter, ruling that they were inadequately pled under state law.

The judge also dismissed with prejudice a design defect claim as to certain of the plaintiffs, ruling that it is not viable under California law.

Plaintiffs Jerry Dunson, Joseph Gieber, Cheryl Grech, Robert Flanagan, Mary Eldeb, and Dayna Currie each underwent placement of the TrapEase IVC filter, manufactured and distributed by Cordis and Confluent Medical Technologies Inc.. ...

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Brenes Law Group
Crowell & Moring
Drinker Biddle & Reath

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