Acid Reflux Device Maker Beats Class Cert. In Row Over Ads
By Dan Packel
Law360, New York (June 29, 2012, 6:50 PM ET) -- A Pennsylvania federal judge on Thursday refused to certify a proposed class of patients who claim they were implanted with a Endogastric Solutions Inc. device for treating acid reflux improperly touted as reversible, finding one of the proposed class definitions too narrow and another too broad.
U.S. Magistrate Judge Lisa Lenihan, in denying certification, found that plaintiff Daniel Haggart’s claims that Endogastric Solutions had misrepresented implantation of the EsophyX device — describing it as “reversible” rather than “revisable” — could not be easily resolved through class...