Claims in Eye Stent Case Insufficiently Pled, Pa. Federal Judge Rules

PITTSBURGH, Pa. — A Pennsylvania federal judge has dismissed without prejudice a lawsuit alleging injuries caused by an eye stent, ruling that while the claim for strict liability manufacturing defect and breach of warranty are not barred by comment k to the Restatement (Second) of Torts, they are inadequately pled.

In a Jan. 9 order, Judge Nicholas Ranjan of the U.S. District Court for the Western District of Pennsylvania further ruled that the negligence claims are not supported by allegations concerning the device’s design or manufacturing process.

Rolf Blair underwent implantation of a XEN Stent in his anterior chamber on …