STORY FROM: Drugs & Medical Devices
Ind. Federal Judge Dismisses Claims Without Prejudice in Medtronic ICD Action
November 9, 2016
SOUTH BEND, Ind. — A federal judge has dismissed without prejudice product liability claims targeting Medtronic Inc.’s implantable cardiac defibrillator, ruling that the plaintiff failed to adequately plead her claims under the Indiana Products Liability Act.
In a Nov. 8 order, Judge William C. Lee granted the plaintiff leave to file an amended complaint, directing her to sufficiently plead the product liability claims and her claims for breach of warranty. However, the judge dismissed the plaintiff’s claim for common law negligence, holding that it is subsumed by the IPLA.
Miriam Cavender underwent implantation of a Medtronic Viva XT CRT-D Cardiac ...