Class Action Over Guidant Pacemakers Nixed

Law360, New York (February 17, 2011, 1:21 PM EST) -- A federal judge has thrown out a putative class action against Boston Scientific Corp. and subsidiary Guidant Corp. for allegedly causing emotional distress to patients who were not warned that their pacemakers could be defective.

In an order issued Tuesday, Judge Manuel L. Real in the U.S. District Court for the Central District of California ruled that under state law, named plaintiff Theodore Cohen could not sue over the implantable cardiac defibrillator unless he had actually been injured by it.

Judge Real also found that Cohen's...
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