Strict Liability, Warranty Claims to Proceed in N.Y. Federal IVC Filter Action

UTICA, N.Y. — A New York federal judge has allowed claims for negligence, defective design, manufacturing defect, breach of implied warranty and punitive damages to proceed in a lawsuit targeting an IVC filter manufactured and distributed by Argon Medical Devices Inc. and Rex Medical LP.

On March 10, Judge David N. Hurd of the U.S. District Court for the Northern District of New York adopted a report and recommendation in which a magistrate judge recommended dismissal of the plaintiff’s claims for failure to warn, breach of express warranty and fraud.

Kevin O’Neil was hospitalized in December 2011 for treatment …