Plaintiffs Barred From Submitting Evidence of 2008 FDA Settlement in Cochlear Implant Case

LOUISVILLE, Ky. — A Kentucky federal judge has barred the plaintiffs in a cochlear implant case from presenting evidence of Advanced Bionics Inc.’s (NYSE: BSX) 2008 settlement of an action brought by the Food and Drug Administration in relation to the device, finding such evidence irrelevant and prejudicial.

However, in the March 26 order, Judge John G. Heyburn II of the U.S. District Court for the Western District of Kentucky allowed plaintiffs to present an FDA warning letter related to moisture problems with the cochlear devices.

Breanna Sadler received an Advanced Bionics HiRes 90k cochlear implant in January 2006 to …