Beavers-Gabriel v. Medtronic, Inc. et al
| Karla Beavers-Gabriel |
| Medtronic, Inc. and Medtronic Sofamor Danek USA, Inc. |
| 1:2013cv00686 |
| December 16, 2013 |
| US District Court for the District of Hawaii |
| Hawaii Office |
| Honolulu |
| RICHARD L. PUGLISI |
| J. MICHAEL SEABRIGHT |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
139
ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL, DOC NO. 100 . Signed by JUDGE J. MICHAEL SEABRIGHT on 5/26/2015. (afc) ORDER terminates defendants Medtr onic, Inc. and Medtronic Sofamor Danek USA, Inc.'s APPEAL, docket entry no. 123 , and affirms U.S. Magistrate Judge Richard L. Puglisi's March 24, 2015 ORDER, docket entry no. 100 . CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
84
ORDER DENYING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT FOR DAMAGES FILED 10/6/14, DOC. NO. 69 re 69 - Signed by JUDGE J. MICHAEL SEABRIGHT on 1/9/2015. "For the foregoing reasons, the court DENIES Defendants' Motion to Dismiss the Second Amended Complaint. Remaining in this action are Plaintiff's claims for: (1) Fraudulent Misrepresentation and Fraud by Omission (Count I), and Negligent Misrepresentation ( Count II), to the extent based on Defendants' alleged misrepresentations and/or concealments regarding health and safety problems associated with off-label use of the Infuse Device; (2) Breach of Express Warranty (Count V), to the ex tent based on Defendants' alleged representations regarding off-label use of the Infuse Device; and (3) Strict Products Liability - Failure to Warn the FDA (Count III); and Negligent Failure-to-Warn the FDA (Count IV), to the exte nt based on Defendants' alleged failure to warn Dr. Graham regarding the adverse effects of using the Infuse Device in an off-label manner." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
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Filing
32
ORDER GRANTING DEFENDANTS MEDTRONIC, INC. AND MEDTRONIC SOFAMOR DANEK USA, INC.'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6) re: 14 . Signed by JUDGE J. MICHAEL SEABRIGHT on 4/10/2014. Excerpt of Conclusion ~ "[T]he court GRANTS Defendants' Motion to Dismiss, with leave for plaintiff to amend (1) Count I to assert a fraud claim based on Defendants' off-label promotion; (2) Count II to assert a strict l iability -- failure to warn claim based on Defendants' alleged failure to submit reports of adverse events to the FDA; (3) Count V to assert a negligence claim based on the failure to report adverse events to the FDA; and (4) Count VI to assert a breach of warranty claim based on alleged false warranties made beyond the federally-approved labeling of the Infuse Device." ~ (afc) CERTIFICATE OF SERVICEParticipants registered to receive ele ctronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications will be served by first class mail on April 11, 2014.
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