Funke

Funke v. Sorin Group USA, Inc.

Good Law
147 F. Supp. 3d 1017·2015 WL 7747011·2015 U.S. Dist. LEXIS 162473
United States District Court, Central District of CaliforniaNovember 24, 2015Case No.: SACV 15-01182-CJC(ASx)California4,469 words

Opinion

Lead Opinion

Carney, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

In his Complaint, plaintiff Kevin Funke alleges that he sustained injuries as a result of product defects in the Sorin Mitro-flow Tissue Valve (the “Valve”), a medical device designed and manufactured by defendant Sorin Group USA, Inc. (“Sorin”). Mr. Funke alleges causes of action against Sorin for Negligence; Strict Products Liability — Failure to Warn; Strict Products Liability-Manufacturing Defect; and Nég-ligent Misrepresentation, and seeks punitive damages under California Civil Code § 3294. (CompLU 30-68.) Sorin has moved to dismiss all of Mr, Funke’s causes of action on the basis that each is preempted by federal law. For the reasons discussed below,-the Court DISMISSES Mr. Funke’s complaint and grants him leave to amend.

II. BACKGROUND

The following facts from Mr. Funke’s Complaint are accepted as true for the purposes of-this Motion to Dismiss. Mr. Funke underwent aortic valve replacement surgery on July 9, 2008. (ComplJ 23.) A Mitroflow Tissue Value, manufactured by Sorin, was installed during the operation. (Id.) Mr. Funke was told to expect that the Valve would last at least ten years before needing to be…

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