STORY FROM: Drugs & Medical Devices

Boston Scientific IVC Filter Lawsuit to Proceed in Ill. Federal Court

CHICAGO — An Illinois federal judge has refused to dismiss a majority of the claims in a Boston Scientific Corp. Greenfield IVC Filter case, ruling the plaintiff adequately alleged the device was defectively designed and manufactured.

In the May 15 order, Judge Sara L. Ellis of the U.S. District Court for the Northern District of Illinois further found the plaintiff sufficiently alleged his claims of breach of express warranty and breach of the implied warranty of merchantability.

However, the judge dismissed without prejudice the failure-to-warn claim because the plaintiff did not explain how the device’s warnings did not adequately ...

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Arnold & Porter Kaye Scholer
Marc J. Bern & Partners

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