Zoll Medical Can't Escape Defibrillator Defect Death Suit
Law360 (December 9, 2020, 3:52 PM EST) -- A Tennessee federal judge won't dismiss a woman's claims that a defibrillator vest manufactured by Zoll Medical Corp. failed to save her husband's life after a faulty refurbishment, saying the Food Drug and Cosmetic Act doesn't preempt the widow's claims.
In an order filed Tuesday, U.S. District Chief Judge S. Thomas Anderson allowed the suit by Doris Smith to go forward on her claim that a manufacturing or refurbishing defect in the LifeVest led to her husband's death, but dismissed her other theories of recovery, including strict liability, breach of warranty and misrepresentation.
According to the suit, Smith's husband had been...
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