STORY FROM: Drugs & Medical Devices

Failure-To-Warn Claims to Proceed Against Sorin in N.Y. Heart Valve Case

NEW YORK — A New York federal judge has ruled that failure-to-warn claims filed against Sorin Group USA Inc. in connection with its artificial heart valve are not preempted by federal law because the plaintiffs alleged state law violations that parallel federal law requirements.

However, in the Sept. 28 order, Judge Edgardo Ramos of the U.S. District Court for the Southern District of New York dismissed the design defect claim, ruling it is preempted because it challenges the device’s FDA-approved design.

The manufacturing defect claim also fails because the plaintiffs failed to plausibly allege a manufacturing defect that violated ...

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Foley & Lardner
Phillips & Paolicelli

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