Court Affirms Ruling for Medtronic on Failure-To-Warn Claim; Reverses on Product Defect Claim
March 8, 2012
DOCUMENTS
- Order
KANSAS CITY, Mo. - A Missouri appellate court has upheld summary judgment in favor of Medtronic Inc. on a failure-to-warn claim in a defibrillator case, ruling that the manufacturer's alleged failure to warn or inadequate warning was not the proximate cause of the plaintiff's injuries. Johnson v. Medtronic Inc., Nos. WD 73382, WD 73429 (Mo. App. Ct., Western Dist.).
On March 6, the Missouri Court of Appeals, Western District, explained that the doctor's admitted failure to read the warnings and instructions accompanying the device negates the plaintiff's assertion that they were inadequate. However, the court reversed the trial court's grant …
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