In Re Deep Vein Thrombosis

ORDER

Before the court are defendant Boeing Company’s (Boeing) motions for summary judgment on plaintiffs’ state law claims for product liability, negligence and breach of warranty. Docs # 56, 63. Plaintiffs concede that judgment should be entered in favor of Boeing on all breach of warranty claims. Doe # 94 at 17.

Plaintiffs, however, oppose Boeing’s motions as they relate to the claims for product liability and negligence. Docs # 94, 95. The court heard oral arguments on these motions on January 13, 2005. After reviewing the parties’ memoranda and the applicable law, the court GRANTS Boeing’s motions for summary judgment in their entirety.

I

Plaintiffs in these seventeen cases are similarly situated: All developed deep vein thrombosis (DVT) after traveling on either a domestic or international flight. DVT is a medical condition that occurs when a blood clot (thrombus) forms in a deep vein, usually in the leg. DVT can cause serious complications if the thrombus breaks off and lodges in the brain, lungs or heart, causing severe damage to that organ. See http:// www.nlm.mih.gov/medline-plus/ency/article/00156.htm. Each of the aircraft plaintiffs traveled on was manufactured by…