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Obtained Dismissals for Medical Products Manufacturer in Cases Arising out of FDA Recall

Client Type: Publicly traded

Hodgson Russ defended a publicly-traded medical products manufacturer in state and federal court litigation across the U.S., arising out of a Class I FDA recall of implantable medical devices that were allegedly failing due to premature battery depletion.  Our client manufactured the batteries for these devices.  Based on our investigation, strategy, and arguments, we were able to obtain early dismissals from all actions on various grounds of personal jurisdiction, federal preemption, and merits-based negotiations.  One particular Florida plaintiff walked away completely after multiple rounds of pleadings motion practice, mediation, and a transfer of venue.  We were also able to obtain a voluntary dismissal from a California-based mass action based on a preview of our procedural and substantive defenses to the claims against the client.