Ill. Federal Judge Dismisses Claims in Sorin 3T Heater/Cooler Action with Leave to Amend

CHICAGO — An Illinois federal judge has dismissed with leave to amend claims of survival, wrongful death and breach of warranty in a Sorin 3T heater/cooler system action, in which the plaintiff alleges the device exposed her husband to mycobacteria, leading to his death.

On Dec. 12, Judge Amy J. St. Eve of the U.S. District Court for the Northern District of Illinois said the plaintiff needs to plead her claims with the requisite particularity in order for them to survive a motion to dismiss.

Michael Kmak underwent open heart surgery on June 25, 2015, during which the 3T System …