Sons v. Medtronic Inc
Available Case Documents
The following documents for this case are available for you to view or download:
|Date Filed||#||Document Text|
|January 14, 2013
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
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)
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the Louisiana Western District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?