STORY FROM: Drugs & Medical Devices

N.Y. Federal Bard IVC Filter Action Dismissed With Prejudice

NEW YORK — A New York federal judge has dismissed a Bard IVC filter action with prejudice, ruling that the plaintiff’s design defect claim fails because he failed to explain how his device failed and did not present a feasible alternative design.

In a Sept. 29 order, Judge Alison Nathan of the U.S. District Court for the Southern District of New York also found the manufacturing defect claim fails because the plaintiff did not explain how his device is defective, and that the failure-to-warn claim did not state how BSC’s warnings were insufficient.

On Oct. 30, 2002, Terrance Tears underwent ...

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Arnold & Porter Kaye Scholer
Marc J. Bern & Partners

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