STORY FROM: Drugs & Medical Devices
Ind. Federal Judge Allows IPLA Claims to Proceed Against Medtronic in Defibrillator Action
April 18, 2017
INDIANAPOLIS — A woman who was injured by an allegedly defective Medtronic defibrillator has adequately pled claims under the Indiana Products Liability Act, a federal judge has ruled, finding the complaint “clearly states a product liability claim for personal injuries” under the Act.
In an April 14 order, Judge William C. Lee of the U.S. District Court for the Northern District of Indiana further held that further discovery is needed to determine whether the IPLA claims are preempted by the Medical Device Amendments.
However, the judge concluded that the IPLA subsumes the plaintiff’s claims of common law negligence, negligence per ...
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