Rex Medical Must Face Negligence, Strict Liability Claims in N.M. Federal IVC Filter Action

  • Order

ALBUQUERQUE — A New Mexico federal court has refused to dismiss claims for negligence and strict liability against Rex Medical in an IVC filter action, ruling the complaint adequately delineates the allegedly offending conduct by Rex and co-defendant Argon Medical Devices Inc.

On May 25, the U.S. District Court for the District of New Mexico found the plaintiff identified specific allegations of negligent conduct by Rex, delineates the company’s separate purported duty and failure to warn in the strict liability context, and lists individualized assertions against Rex for a design defect claim.

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