Class Action Certification Denied By Judge
The certification of a class action suit has been denied by a Minnesota federal judge on the basis that the claims of the plaintiffs are not focussed enough. The class action was filed last year by Ruby Foster and Kenneth Mager against St. Jude Medical in the U.S. District Court for the District of Minnesota.The complaint was filed with regards to the Symmetry Bypass Connector, which is said to have caused complications. Some of the complications included blockages and restriction of blood vessels. The device was introduced in 2001, and was used in bypass surgery implants. About 40,000 had been implanted before the device was withdrawn in 2004.
The class action sought to get compensation for the two that filed the suit, and also to get monitoring for all people that received the implants. However, the class action will now not be certified, as the judge described the theories of the plaintiffs as moving targets.
Five causes of action were listed in the suit, which included: strict liability, breach of express and implied warranty, negligence and violations of Minnesota's False Advertising Act, Consumer Fraud Act, Unlawful Trade Practices Act and Uniform Deceptive Trade Practices Act.
Topic Added September 21st, 2005
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The certification of a class action suit has been denied by a Minnesota federal judge on the basis that the claims of the plaintiffs are not focussed enough.
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