Argon Medical Dismissed from IVC Filter Case; Negligence Claims Proceed Against Rex

DETROIT — A Michigan federal judge has dismissed Argon Medical Devices Inc. from an Option IVC filter action, ruling that the plaintiff failed to plausibly allege that the seller “failed to exercise reasonable care” and breached an express warranty as to the device.

However, in the April 12 order, Judge Gershwin A. Drain of the U.S. District Court for the Eastern District of Michigan allowed the plaintiff’s negligence claim to proceed against Rex Medical LP, finding she adequately alleged the filter she received differed from its design or specifications and continued to manufacture and sell the device knowing it was …