Firm Obtains Dismissal with Prejudice of Device Product Liability Suit for Client Genyzme

Partners Stephanie Scharf and Sarah Marmor obtained a dismissal with prejudice of all claims in Heisner v. Genzyme Corporation, as set forth in an order issued March 8, 2010, by the United States District Court for the Northern District of Illinois. The case involved product liability claims over a medical device used to prevent post-surgical adhesions. In dismissing all counts under the federal Medical Device Amendments to the Food, Drug & Cosmetic Act, the Court found that the plaintiff had not alleged claims that were “parallel” or “genuinely equivalent” to a federal requirement and, therefore, the claims were expressly preempted. The court also found that the allegations were insufficient to put the defendant on notice of the basis of the claims. Click here to read the Memorandum Opinion.

Related Attorneys: Stephanie A. Scharf, Sarah R. Marmor