Cypher Stent Complaint Time Barred, N.J. High Court Affirms

Medical Devices

TRENTON, N.J. — New Jersey’s highest court has affirmed that a Cypher stent injury suit is time-barred under Kentucky law, but added that the failure-to-warn claim would not have been preempted to the extent it is based on allegations of deliberate non-disclosure or fraudulent representation of known adverse information or promotion of off-label uses outside the safe harbor. Cornett v. Johnson & Johnson, No. (A-88/89-10) (066671) (N.J. Sup. Ct.).

The New Jersey Supreme Court also ruled Aug. 9 that the breach of express warranty claim could have proceeded to the extent it accused defendants of making voluntary statements …