STORY FROM: Drugs & Medical Devices

Strict Liability, Warning Claims to Proceed in Boston Scientific IVC Filter Case

FORT MYERS, Fla. — A Florida federal judge has allowed strict liability and failure-to-warn claims to proceed in an IVC filter case, ruling the plaintiff sufficiently alleged that her pulmonary embolism and deep vein thrombosis were caused by the design, manufacture and marketing of the device.

However, in the May 11 order, Judge Sheri P. Chappell of the U.S. District Court for the Middle District of Florida dismissed the breach of warranty, fraud and negligent misrepresentation claims, ruling that privity is lacking and the pleading requirements were not met.

Felicia Davis suffered a pulmonary embolism in September 2005 and had ...

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Arnold & Porter Kaye Scholer
Marc J. Bern & Partners

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