Texas Federal Magistrate Judge Recommends Dismissal of Cardiac Stent Graft Case
March 31, 2023
- Report & Recommendation
HOUSTON — A Texas federal court has dismissed a lawsuit arising from an allegedly defective Endologix stent graft, ruling the strict liability manufacturing defect fails because the plaintiffs failed to specify which product specifications and/or applicable federal requirements their device deviated from that rendered it defective.
On April 24, a federal judge adopted a report and recommendations by Magistrate Judge Andrew M. Edison of the U.S. District Court for the Southern District of Texas, which further found the failure-to-warn claim is preempted because plaintiffs' allegation that Endologix failed to file a Premarket Approval supplement to adequately their doctors of the …