STORY FROM: Drugs & Medical Devices

Fraudulent Misrepresentation Claim Dismissed in Idaho Federal IVC Filter Case

DES MOINES, Idaho — An Idaho federal judge has dismissed a fraudulent misrepresentation claim in a lawsuit involving Boston Scientific Corp.’s Greenfield IVC filter, ruling that the plaintiff failed to plead her allegations with the particularity required by Rule 9(b).

In a Jan. 23 order, Chief Judge David C. Nye of the U.S. District Court for the District of Idaho said the plaintiff did not specify which BSC sales representatives misrepresented the device’s safety and efficacy to the plaintiff’s doctor, and whether her doctor replied upon the alleged misrepresentations.

Claudia Hepburn suffered recurrent episodes of deep vein thrombosis and on ...

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