Mich. Federal Bard G2 IVC Filter Action Proceeds on Design Defect Theory

DETROIT — A Michigan federal judge has denied C.R. Bard Inc.’s motion for summary judgment on design defect and breach of implied warranty claims in a G2 IVC filter action, ruling that the plaintiff has adequately alleged the existence of an alternative feasible design.

However, in the Oct. 15 opinion, Judge Terrence Berg of the U.S. District Court for the Eastern District of Michigan dismissed the plaintiff’s claim for negligent misrepresentation, finding no evidence of any misrepresentations that Bard made to the plaintiff’s implanting physician with regard to the G2 Filter.

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