Otis-Wisher v. Fletcher Allen Health Care
||Fletcher Allen Health Care
||March 14, 2011
||US District Court for the District of Vermont
||XX US, Outside State
||J. Garvan Murtha
|Nature of Suit:
||Personal Injury- Medical Malpractice
|Cause of Action:
|Jury Demanded By:
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|June 25, 2013
RULING: granting 55 Motion to Dismiss by Defts Medtronic, Inc. and Medtronic Sofamar Danek USA, Inc.. Counts III through IX of Plaintiff's 35 Amended Complaint are DISMISSED. granting in part and denying in part 58 Motion to Dismiss Coun ts II & X by Deft Fletcher Allen Health Care, Inc.. Pltf's lack of informed consent claim regarding the relationship between her doctor and Medtronic (Count II) fails to state a claim and is DISMISSED. Pltf's consumer fraud claim (Count X) is DISMISSED as to all defendants for failure to state a claim. Signed by District Judge J. Garvan Murtha on 6/25/2013. (wjf)
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