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Black v. Covidien PLC

Claim Not Stated in Suit Alleging Mesh Repairing Hernia Proximately Caused Other Injuries

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DECISION AND ORDERINTRODUCTION

*1 Plaintiffs Sharon Black and Max Black (“Plaintiffs”) bring this product liability suit against Medtronic Inc. (“Defendant”), the manufacturer of an allegedly defective medical device implanted in Mrs. Black during surgery. Plaintiffs initially filed this suit in the Chemung County Supreme Court, raising negligence, design defect, failure to warn, breach of express warranty, breach of implied warranty, and loss of consortium claims. On February 7, 2017, Defendant removed the action to federal court. On February 13, 2017, Defendant moved to dismiss the Complaint for failure to state a claim. ECF No. 2.¹ Plaintiffs agreed to dismiss their breach of express and implied warranty claims, but maintain the remaining claims. For the reasons stated below, Defendant’s Motion to Dismiss is GRANTED.BACKGROUND²Plaintiff Sharon Black had a history of hernia problems. On October 1, 2009, she underwent hiatal hernia repair surgery in Elmira, New York, during which her physician implanted

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