Brown v. C.R. Bard, Inc.

Full title: MICHELLE BROWN, Plaintiff, v. C.R. BARD, INC., Defendant.

Court: United States District Court, E.D. Pennsylvania

Date published: Feb 11, 2022

5:21-cv-01552 (E.D. Pa. Feb. 11, 2022)

Opinion

5:21-cv-01552

02-11-2022

MICHELLE BROWN, Plaintiff, v. C.R. BARD, INC., Defendant.

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

ORDER

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

AND NOW, this 11^th day of February, 2022, for the reasons set forth in the Opinion issued this date, IT IS ORDERED THAT:

1. The Motion to Dismiss, ECF No. 14, is GRANTED/DENIED in part.

2. The Motion is granted as follows:

A. Count I (negligence- to the extent it is based on a manufacturing defect), Count III (strict liability- manufacturing defect), Count V (common law fraud), Count VI (breach of express warranty), Count VIII (constructive fraud), and Count IX (negligent misrepresentation), are dismissed without prejudice.

B. Count II (strict liability- design defect), Count IV (strict liability- failure to warn), Count VII (breach of implied warranty- to the extent it is based on a design defect), Count XI (UTPCPL), and Count XII (unjust enrichment) are dismissed with prejudice.

3. The Motion to Dismiss is denied as follows:

A. Count I (negligence- to the extent it is based on a design defect or the failure to warn) is sufficient to state a claim.

B. Count X (NIED) is sufficient to state a claim.

4. Within twenty days of the date of this Order, Plaintiff may, consistent with the Opinion, file a second amended complaint as to any claims dismissed without prejudice. 1