AngioDynamics Must Face Express Warranty Claim in Ohio SmartPort Case

CLEVELAND — An Ohio federal judge has denied AngioDynamics’ motion to dismiss a breach of express warranty claim in a lawsuit alleging injuries caused by its SmartPort implantable drug delivery system, ruling that the plaintiff adequately pled a defect due to “nonconformance with representation.”

However, in a June 28 order, Judge Aaron Polster of the U.S. District Court for the Northern District of Ohio dismissed a claim for negligence, ruling it is abrogated by the Ohio Products Liability Act.

In 2020, Patricia Kitchen had an AngioDynamics SmartPort implanted underneath her skin to administer her chemotherapy medication into her bloodstream. …