STORY FROM: Drugs & Medical Devices

Ind. Federal Judge Dismisses Negligence Per Se Claim in Cook Medical IVC Filter MDL

INDIANAPOLIS — The federal judge overseeing the Cook Medical Inc. inferior vena cava filter multidistrict litigation docket has dismissed plaintiffs’ negligence per se claims, finding they impermissibly seek to create a private right of action for violations of the Food, Drug and Cosmetic Act.

On May 17, Judge Richard L. Young of the U.S. District Court for the Southern District of Indiana also granted Cook’s motion for partial judgment on the pleadings on plaintiffs’ claims of violation of the Florida Deceptive & Unfair Trade Practices Act and breach of express and implied warranties, noting the motion was unopposed as to ...

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