3rd Cir. Reinstates LivaNova 3T Heater-Cooler System Action
April 13, 2021
PHILADELPHIA — A federal appellate panel has reinstated a case in which a Louisiana man alleges LivaNova’s 3T Heater-Cooler System caused him to develop an infection during open heart surgery, ruling that his claims should not have been dismissed with prejudice on the basis that he did not timely respond to an MDL court’s Lone Pine order.
In an April 9 precedential opinion, the 3rd Circuit U.S. Court of Appeals panel explained that the MDL court should have allowed the transferor court to hear the case, explaining that the claims might be viable under the Louisiana Products Liability Act.