STORY FROM: Drugs & Medical Devices

Md. Federal Judge Directs Plaintiffs to File 2nd Amended Complaint in Medtronic LVAD Case

BALTIMORE — A Maryland federal judge has directed the plaintiffs in a wrongful death action targeting an allegedly defective left ventricular assistive device (LVAD) to amend their claims of strict liability, negligence and breach of warranty so she can determine whether they are federal preempted.

In a Nov. 29 order, Judge Paula Xinis of the U.S. District Court for the District of Maryland explained that it is unclear from the current pleading whether the claims are preempted pursuant to Riegel v. Medronic. The judge further directed the plaintiffs to specify where the device was manufactured, so she can identify which ...

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Greenberg & Bederman
Winston & Strawn

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