Cook Medical Wins Bid To Trim Vein Filter Claims Before Trial
Law360, New York (May 17, 2017, 7:07 PM EDT) -- Cook Medical Inc. on Wednesday won partial dismissal of a bellweather case in multidistrict litigation brought by patients alleging they were injured by the company's vein filters, with the court finding that the federal Food, Drug and Cosmetic Act can't support private negligence claims.
U.S. District Judge Richard L. Young dismissed negligence claims by bellweather plaintiff Elizabeth Hill based on the FDCA, saying the wording of the law provides that all enforcement actions under it or associated U.S. Food and Drug Administration rules must be made by and in the name of the federal government.
"Accordingly, plaintiff's negligence per se claim based...
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