STORY FROM: Drugs & Medical Devices
11th Cir. Reinstates Claims Against Zoll Services in LifeVest Defibrillator Case
February 12, 2018
ATLANTA - A federal appeals court has reinstated claims of manufacturing defect against Zoll Services LLC in connection with its LifeVest defibrillator, ruling they are not expressly preempted because the plaintiff pled specific violations of federal law.
In a Feb. 8 ruling, the 11th Circuit U.S. Court of Appeals further held that the plaintiff adequately pled his claims of misrepresentation, fraudulent marketing and promotion and breach of express warranty. However, the court upheld the dismissal of the plaintiff's negligent infliction of emotional distress claim, deeming it inadequately pled.
Zoll designs, manufactures, and markets the LifeVest, a wearable, external defibrillator ...