Medtronic Plaintiffs Can Revise Pleadings Post-Wyeth

Law360, New York (March 10, 2009, 12:00 AM EDT) -- Following the U.S. Supreme Court’s tectonic ruling in Wyeth v. Levine, a federal judge has allowed plaintiffs in the multidistrict litigation over Medtronic Inc.'s Sprint Fidelis defibrillator leads to revise their proposed pleadings.

On Thursday, Judge Richard H. Kyle of the U.S. District Court for the District of Minnesota approved the plaintiffs’ bid to file a revised proposed amended complaint now that the high court has taken state failure-to-warn claims out of preemption in liability suits against pharmaceutical companies.

Plaintiffs said their revised pleadings would be...
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