Kinetic Co. v. Medtronic, Inc.

ORDER

JAMES M. ROSENBAUM, District Judge.

Plaintiff is a self-insured employer which pays its employees’ medical expenses. It seeks to represent a putative class of third-party payors (or “TPPs”) for medical services. Plaintiff also seeks reimbursement for medical expenses resulting from the recall of certain cardiac devices manufactured by defendant.

This matter is before the Court on defendant’s motion to dismiss the complaint. The motion is denied.

I. Background 1

Defendant, Medtronic, Inc. (“Medtronic”), manufactures medical devices, including implantable cardiac care devices. In January,…