Pearsall v. Medtronics, Inc.

MEMORANDUM AND ORDER

WEXLER, District Judge:

Plaintiff Furman Pearsall (“Pearsall” or “Plaintiff’)’s complaint, based on diversity, asserts New York common law claims of strict liability manufacturing defect, negligent manufacturing and failure to warn in connection with an implantable cardiac defibrillator (“ICD”) plaintiff had implanted on December 11, 2006. The ICD and the wire, or “Lead,” which connected it to Plaintiffs heart, was manufactured by defendant Medtronics, Inc. (“Defendant” or “Medtronics”). On May 18, 2012, according to Plaintiff, the ICD including the Lead malfunctioned,…