Inadequate Warning Claim Survives Dismissal Motion in Calif. IVC Filter Case
May 16, 2019
SAN JOSE, Calif. — A California federal judge has allowed an inadequate warning claim to proceed against ALN International in connection with its IVC filter, ruling that the plaintiff sufficiently alleged that the company failed to warn her surgeon of the device’s risks.
However, in the May 13 order, Judge Beth Freeman of the U.S. District Court for the Northern District of California dismissed the plaintiff’s claim for manufacturing defect, ruling that she failed to allege that the IVC Filter was suitably designed or how the unit she received deviated from such design.
Sandra Broge underwent implantation of an ALN …
- Lewis Brisbois Bisgaard & Smith
- Marc J. Bern & Partners