N.Y. Appellate Court Revives Abbott Heart Valve Action

  • Order

NEW YORK — A New York appeals court has reinstated an action in which a woman alleges Abbott Laboratories’ heart valve caused her husband’s death, ruling that her negligence claims are not preempted.

In a Dec. 1 order, the New York Appellate Division, 2nd Department, found the claims do not "challenge the safety and effectiveness of a medical device and seek to impose requirements" different or additional to federal law.

In 2013, plaintiff Arlene Arnold’s husband was implanted with a HeartMate II Left Ventricular Assist System (LVAD), (hereinafter the LVAD), allegedly designed and manufactured by Abbott and its entity St. …


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