Warning, Warranty Claims Dismissed in La. Federal Ventricular Assist Device Case



DOCUMENTS
  • Order


BATON ROUGE, La. — A Louisiana federal judge has dismissed without prejudice claims for failure to warn and breach of express warranty in a case involving Abbott Laboratories Inc.’s ventricular assist device, ruling they are inadequately pled.

However, in a Sept. 24 order, Chief Judge Shelly Dick of the U.S. District Court for the Western District of Louisiana held that plaintiffs’ mismanufacture claim is not preempted because it alleges violations of state law that parallel federal regulations. The judge allowed the plaintiffs to replead their dismissed claims.

In 2012, William McKenzie had a severe viral infection in his heart …

FIRM NAMES
  • Christovich & Kearney
  • McGlynn Glisson & Mouton
  • Reed Smith LLP





UPCOMING CONFERENCES




HarrisMartin's New Jersey Asbestos Litigation Conference

February 09, 2022 - New Brunswick, NJ
Hyatt Regency New Brunswick

MORE DETAILS



HarrisMartin’s Webinar Series: MDL Update on Philips CPAP, BiPAP & Ventilator Litigation

October 21, 2021 - Haddonfield, NJ
HarrisMartin Webinar Series

MORE DETAILS