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2007 News Releases Locke Reynolds Granted Motion to Dismiss in Medical Device Case. INDIANAPOLIS, March 2007 – Locke Reynolds recently was granted a motion to dismiss on behalf of Medical Components, Inc. The product liability suit was filed after a catheter, inserted during the administration of chemotherapy, allegedly malfunctioned at Bloomington Hospital, Bloomington, Indiana, on May 13, 2004. The alleged malfunction caused chemotherapeutic agents to leak into plaintiff’s chest and neck, causing permanent damage, pain, scarring and the need for further medical treatment. After removing the case to the Southern District of Indiana, Locke Reynolds filed a motion to dismiss. In the motion to dismiss, Locke Reynolds argued that plaintiffs' claims should be dismissed because plaintiffs had failed to properly name and serve Medical Components, Inc. Locke Reynolds also argued that plaintiffs' claims were time-barred and the belated service of Medical Components, Inc. could not relate back to the original complaint under Federal Rule of Civil Procedure 15(c). The District Court agreed with all of Locke Reynolds's arguments and dismissed the claims against Medical Components, Inc. with prejudice. Randall Riggs and Daniel Long of Locke Reynolds LLP represented Medical Components, Inc.
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Contact: Locke Reynolds LLP Fort Wayne, Indiana |
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