Abbott Labs Removes Pacemaker Case to Federal Court

On Thursday, Abbott Laboratories removed a suit from Louisiana state court to the equivalent federal court. The plaintiff claimed that he was implanted with a defective device in his body.

Per the state court complaint, the defendant produces medical technology that are used in medical procedures. The complaint states that the plaintiff’s pacemaker was designed, developed, manufactured, tested, and sold by defendants in a defective and unreasonably dangerous condition.”

The plaintiff is alleging that the pacemaker that was implanted in him was defective and that the pains that resulted from the device were due to the defective construction of the device. After further alleged investigation the defendant had recalled the pacemaker,

The plaintiff also argued that the defendant claimed the device would last for 9.4 years, which did not come to pass.

Ultimately, the defendant is facing seven counts, construction or composition defect and design defect under the Louisiana Products Liability Act, inadequate warning, breach of express warranty, breach of implied warranty of merchantability and fitness, redhibition, and breach of warranty of fitness for ordinary use.

The plaintiff is being represented by Kara Hadican Samuels & Associates, LLC. Abbott Labs is represented by Barrasso, Usdin, Kupperman, Freeman & Sarver.