NY High Court Mulls Test For Recall-Related Damages

Law360, New York (January 7, 2014, 5:58 PM EST) -- During oral arguments over $100 million in damages sought by stent reseller Biotronik AG, which sued after a manufacturer's recall left it unable to profit from a distribution contract, New York's highest court on Tuesday showed interest in developing a test to measure the difficulty of replacing a recalled product.

Coronary stent maker Conor Medsystems Ireland Ltd., which was bought by Johnson & Johnson in February 2007 for $1.4 billion, recalled its stents in May of that year after clinical tests revealed doubts about their effectiveness, and told Biotronik that it would cease to make the so-called CoStar stents, according to...

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