BAILEY et al v. MEDTRONIC, INC.
| ROBERT BAILEY and SHANNON BAILEY |
| MEDTRONIC, INC. |
| 1:2017cv02314 |
| July 7, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| None |
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Filing
34
ORDER - Robert Bailey alleges that he awoke during the night of June 14, 2015 because his heart defibrillator was shocking him. Two years later, Mr. Bailey and his wife Shannon brought suit against the company that manufactured the defibrillator, Medtronic, Inc. ("Medtronic"), in Marion County Superior Court. [Filing No. 101 .] The Baileys allege that Medtronic is liable based on five grounds: negligence, product liability, failure to warn, breach of warranty, and loss of consor tium. [Filing No. 1 -1 at 5-10.] On July 7, 2017, Medtronic removed the Baileys' suit to this Court on the basis of diversity jurisdiction. [Filing No. 1 .] One month later, Medtronic filed a Motion to Dismiss, which is now ripe for the Cou rt's review. [Filing No. 10 .] For the reasons discussed in this Order, Medtronic's Motion to Dismiss, [Filing No. 10 ], is granted in part and denied in part, as follows: the Motion is GRANTED as to Count IV of the Complaint, which is DISMISSED with prejudice; the Motion is DENIED as to Counts I, II, III, and V of the Complaint. Any future statements of claims filed by the Baileys shall be in accordance with the Court's findings herein. (See Order). Signed by Judge Jane Magnus-Stinson on 12/6/2017. (APD)
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