Sons v. Medtronic Inc

Sons v. Medtronic Inc

Plaintiff:	Kenneth Sons
Defendant:	Medtronic Inc
Case Number:	6:2012cv02579
Filed:	September 26, 2012
Court:	US District Court for the Western District of Louisiana
Office:	Lafayette Office
County:	Lafayette
Presiding Judge:	C Michael Hill
Presiding Judge:	Richard T Haik
Nature of Suit:	Personal Inj. Prod. Liability
Cause of Action:	28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By:	None

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Date Filed	Document Text
January 14, 2013	Filing 36 MEMORANDUM RULING re 25 MOTION to Dismiss Supplemental Complaint MOTION to Dismiss For Failure to State a Claim Supplemental Complaint filed by Medtronic Inc, 8 MOTION to Dismiss Medtronic, Inc. filed by Medtronic Inc. As provided in the for egoing, the Court finds that :(1) plaintiff's claims against Medtronic regarding the Medtronic InSync Pacemaker, CapSure Fix Lead, Atain OTW Lead, and CapSure Fix Novus Lead are preempted b the FDA's pre-market approval of these Medtronic D evices; (2) plaintiff's negligence, strict liability and failure to instruct/train claims are prohibited by the exclusivity provisions of the LPLA and therefore fail to state a claim; and (3) plaintiff's failure to instruct claim must tail because Medtronic is not responsible for the manner in which these devices were implanted. The Court will therefore grant Medtronic, Inc.'s Motion to Dismiss Supplemental Complaint. Signed by Judge Richard T Haik, Sr on 1/14/13. (crt,Guidry, C)
December 18, 2012	Filing 29 ORDER denying 15 Motion to Remand. IT IS ORDERED that the Motion to Remand filed by plaintiff, Kenneth Sons is DENIED. Signed by Judge Richard T Haik, Sr on 12/18/2012. (crt,Putch, A)

Date Filed

Document Text

January 14, 2013

Filing 36 MEMORANDUM RULING re 25 MOTION to Dismiss Supplemental Complaint MOTION to Dismiss For Failure to State a Claim Supplemental Complaint filed by Medtronic Inc, 8 MOTION to Dismiss Medtronic, Inc. filed by Medtronic Inc. As provided in the for egoing, the Court finds that :(1) plaintiff's claims against Medtronic regarding the Medtronic InSync Pacemaker, CapSure Fix Lead, Atain OTW Lead, and CapSure Fix Novus Lead are preempted b the FDA's pre-market approval of these Medtronic D evices; (2) plaintiff's negligence, strict liability and failure to instruct/train claims are prohibited by the exclusivity provisions of the LPLA and therefore fail to state a claim; and (3) plaintiff's failure to instruct claim must tail because Medtronic is not responsible for the manner in which these devices were implanted. The Court will therefore grant Medtronic, Inc.'s Motion to Dismiss Supplemental Complaint. Signed by Judge Richard T Haik, Sr on 1/14/13. (crt,Guidry, C)

December 18, 2012

Filing 29 ORDER denying 15 Motion to Remand. IT IS ORDERED that the Motion to Remand filed by plaintiff, Kenneth Sons is DENIED. Signed by Judge Richard T Haik, Sr on 12/18/2012. (crt,Putch, A)

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Plaintiff: Kenneth Sons
Represented By:	Christopher Luke Edwards
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Defendant: Medtronic Inc
Represented By:	Kelly C Bogart
Represented By:	Nicole Marie Boyer
Represented By:	Erzsebet M Pifko
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