N.Y. Appellate Court Revives Abbott Heart Valve Action
December 7, 2021
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. …