Manufacturing Defect, Negligence Claims to Proceed Against Cochlear Implant Maker in N.Y.

NEW YORK — A New York federal judge has refused to dismiss a manufacturing defect claim asserted against the maker of a recalled cochlear implant, ruling that the plaintiff’s allegation that the defendant deviated from federal requirements in manufacturing the device “parallels” federal regulations and is thus not preempted.

On Sept. 26, Judge Sandra J. Fuerstein of the U.S. District Court for the Eastern District of New York also refused to dismiss the plaintiff’s negligence claim, finding it satisfied pleading standards. However, the judge dismissed the claims of design defect, failure to inspect and failure to warn, finding they are …