WHITE v. MEDTRONIC, INC. et al
MEMORANDUM ORDER THAT THE MOTION OF DEFENDANTS TO DISMISS THE COMPLAINT FOR FAILURE TO STATE A CLAIM (DOC. NO. 6 ), IS GRANTED IN PART AND DENIED IN PART AS OULTINED HEREIN. SIGNED BY HONORABLE HARVEY BARTLE, III ON 8/31/2016. 8/31/2016 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(amas)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MEDTRONIC, INC., et al.
AND NOW, this 31st day of August, 2016, for the
reasons stated in the foregoing Memorandum, it is hereby ORDERED
the motion of defendants Medtronic, Inc.,
Medtronic Meuromodulation, a division of Metronic, Inc.,
Medtronic Puerto Rico Operations, Inc. and Medtronic Logistics,
LLC to dismiss the complaint for failure to state a claim
(Doc. # 6) is GRANTED with respect to plaintiff’s claims for
failure to warn, negligence, negligence per se, breach of
implied warranty, negligent misrepresentation, and violation of
Pennsylvania Unfair Trade Practices and Consumer Protection Law;
the motion of defendants insofar as it seeks to
dismiss plaintiff’s claim for breach of express warranty with
respect to the SynchroMed® II Device and the first catheter
implanted on February 5, 2010 is GRANTED as the claim to this
extent is untimely; and
the motion of defendants to dismiss the complaint
is otherwise DENIED.
BY THE COURT:
/s/ Harvey Bartle III
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