The background of this motion was ominous for plaintiffs. The court had previously kept their claims alive by a shoestring and struck many of the key “failure to warn” claims that were made in the lawsuits. Plaintiffs received an opportunity to cure the defects in the Complaint which they, thankfully, did.
Judge Selna denied a motion to dismiss that was filed in multiple product liability lawsuits filed on behalf of individuals who experienced problems from the leads. These suits allege the manufacturer improperly designed and sold a defective product. Although St. Jude attorneys maintained that the product was FDA approved, Judge Selna determined the allegations were based on violation of FDA regulations.