AngioDynamics Smart Port Action Proceeds in Ala. Federal Court

MOBILE, Ala. — An Alabama federal judge has refused to dismiss a claim alleging that AngioDynamics Inc.’s implantable Smart Port is unreasonably dangerous, ruling that more evidence is needed as to whether it is barred by comment k of Section 402A of the Restatement (Second) of Torts.

In an April 23 order, Judge R. Austin Huffaker Jr. of the U.S. District Court for the Middle District of Alabama ruled that the applicability of comment k’s “unavoidably unsafe” rule to medical devices must be determined on a case-by-case basis.

The judge also allowed the claim for failure to warn to …