Renee Annette Richards, individually, and as executrix of the Estate of Robert E. Richards, deceased, Plaintiffv.Johnson & Johnson, Inc., Cordis Corporation, and Does 1-100, Defendants
MEMORANDUM-DECISION AND ORDERI. INTRODUCTION Plaintiff Renee Annette Richards brings this action individually and as the executrix of the estate of her late husband, Robert E. Richards, alleging that his death was caused by a defective medical device designed, manufactured, and sold by Johnson & Johnson, Inc. (“J&J”), Cordis Corporation (“Cordis”), and one hundred unidentified Doe defendants.1 (See generally Dkt. No. 28). Cordis has moved to dismiss the First Amended Complaint (the “Amended Complaint”) and dismiss or strike Plaintiff’s request for punitive damages. (Dkt. No. 35). In its March 30, 2018 Memorandum-Decision and Order (the “March Decision”), the Court denied Cordis’ motion with leave to renew so as to allow the parties to clarify Plaintiff’s representative status — a threshold issue going to Plaintiff’s capacity to sue and status as a real party in interest. (See Dkt. No. 54, at 26-27). Plaintiff subsequently proffered letters testamentary proving that she is the personal representative of her late husband’s estate; accordingly, Cordis renewed its motion. (See Dkt. No. 58). For the reasons discussed below, Cordis’ motion is granted in part and denied in part. II. BACKGROUNDThe Court assumes the parties’ familiarity with the March Decision, (Dkt. No. 54), which contains a full recitation of the factual allegations in the Amended Complaint. On February 3, 2015, a doctor at the Upstate University Hospital in Syracuse, New York, implanted a Cordis TrapEase® inferior vena cava (“IVC”) filter in Mr. Richards. (Dkt. No. 28,25). Approximately two weeks later, on February 18, 2015, Mr. Richards started complaining of chest pains, with symptoms including nausea, vomiting, coughing, difficulty breathing, weakness, and dizziness. (Id.26). Mr. Richards and his daughter departed to see his general physician, but Mr. Richards became unresponsive while still in the car. (Id.). He was rerouted to the emergency department at Upstate University Hospital, where he was placed on advanced cardiac life support. (Id.). Mr. Richards was unable to be revived and he died on February 18, 2015. (Id.27). The autopsy revealed that the TrapEase filter had migrated to the right ventricle of his heart. (Id.).Following her husband’s death, Plaintiff filed this action, asserting ten survival claims: (i) design defect; (ii) failure to warn; (iii) manufacturing defect; (iv) negligence; (v) negligent misrepresentation; (vi) fraudulent misrepresentation; (vii) fraudulent concealment; (viii) breach of express warranty; (ix) breach of implied warranty; and (x) violations of sections 349 and 350 of the New York General Business Law.2 (Dkt. No. 28,
