Punitive Damages Bid Tossed In ObTape MDL

Law360, New York (August 26, 2009, 3:33 PM EDT) -- A federal judge has tossed a woman's bid for punitive damages in a multidistrict litigation case claiming injury from medical device maker Mentor Corp.'s ObTape implant, striking her allegation that the company defrauded the U.S. Food and Drug Administration.

Plaintiff Geraldine Doria's claims are subsumed under New Jersey state law, which does not allow for punitive damages for injuries caused by FDA-approved products, U.S. District Judge Clay D. Land of the Middle District of Georgia wrote in an Aug. 24 order.

Doria sued Mentor in 2008,...
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