STORY FROM: Drugs & Medical Devices

Lawsuit Targeting Abiomed’s Heart Pump Proceeds in Ill. Federal Court

SPRINGFIELD, Ill. — An Illinois federal judge has allowed a strict liability claim to proceed in an action targeting Abiomed Inc.’s heart pump, ruling that the plaintiff adequately alleged that a defect in his device made it impossible to remove after surgery.

In an Aug. 29 order, Judge Sue Myerscough also allowed the breach of implied warranty claim to proceed, ruling that the plaintiff alleged that he purchased the $67,000 device from the manufacturer, establishing privity.

The judge also refused to dismiss the plaintiff’s claim for negligence based upon res ipsa loquitur, noting the complaint says the manufacturing defect ...

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Segal McCambridge SInger & Mahoney
Wolter Beeman & Lynch

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