Abbott Prevails in Texas Federal Implantable Defibrillator Case
May 8, 2023
BEAUMONT, Texas — A Texas federal judge has dismissed a lawsuit targeting Abbott Laboratories Inc.’s implantable cardioverter-defibrillator (ICD) device, ruling that the plaintiff only asserted conclusory allegations to support his failure-to-warn and marketing defect claims.
In a May 3 order, Judge Marcia A. Crone of the U.S. District Court for the Eastern District of Texas further ruled that the plaintiff’s negligent misrepresentation and breach of express warranty claims were not pled with the requisite specificity.
Jimmy McGuire underwent implantation of Abbott’s Fortify Assura DR ICD in October 2017 to treat certain cardiac problems. McGuire alleges he suffered shocks from the …