On Monday, an order was filed in which U.S. District Judge Gershwin A. Drain released Argon Medical Devices Inc. from an inferior vena cava (IVC) filter lawsuit filed by a woman who allegedly suffered from injuries following implantation.
According to the April 12 order, the Michigan federal judge ruled that plaintiff failed to plausibly allege that the seller failed to exercise reasonable care and breached an express warranty as to the device. Two of the four claims made against Rex Medical Inc., another defendant in the lawsuit, were also dismissed and the company will now only face negligence and breach of implied warranty claims.
In 2014, the plaintiff underwent surgery for the Option filter, which is manufactured by Rex and marketed by Argon. In 2017, the woman underwent another surgery to retrieve the filter. The filter was found broken and a fractured strut on the implant had moved and injured her.
The woman filed a lawsuit against both the companies alleging negligence, breach of implied and express warranty, and negligent misrepresentation.
In the recent opinion, Judge Drain noted that Argon is a non-manufacturer seller and so carries different standards for claims as compared to the manufacturer, which requires the plaintiff to allege that the company breached a duty to care. The judge further added that plaintiff's complaint is devoid of facts as to when, how, and by whom the express warranty was made, which she alleged as breached.
The plaintiff's claims against Rex survived as the judge found enough specific facts for the claims to withstand complete dismissal. However, the negligent misrepresentation claims against Rex were dropped as the judge believed that the plaintiff failed to specify what misrepresentations the company made to her in its advertising.
