Blackwood v. Atrium Med. Corp.
United States District Court for the District of New Hampshire
August 12, 2019, Decided; August 12, 2019, Filed
Civil No. 16-cv-379-LM
Felicia Blackwood brings suit against Atrium Medical Corporation ("Atrium"), a medical device company that manufactured and sold C-QUR Mesh, and two related companies, Maquet Cardiovascular US Sales, LLC ("Maquet") and Getinge AB ("Getinge"), alleging product liability claims and violation of consumer protection laws. Blackwood's suit is part of a multi-district litigation ("MDL") proceeding involving claims that C-QUR Mesh was, among other things, defective [*2] and unreasonably dangerous and caused injury when surgically implanted for hernia repair. Her case was selected in the MDL proceeding for the Initial Discovery Pool, making it a bellwether case.
Defendants Atrium and Maquet move to dismiss certain of Blackwood's claims asserted in her second amended complaint on the grounds that they are barred by the statute of limitations and that she has not stated an actionable claim for relief. Blackwood objects, arguing that the discovery rule applies to make her claims timely and that she has alleged actionable claims.
STANDARD OF REVIEW
Under Rule 12(b)(6), the court must accept the factual allegations in the complaint as true, construe reasonable inferences in the plaintiff's favor, and "determine whether the factual allegations in the plaintiff's complaint set forth a plausible claim upon which relief may be granted." Foley v. Wells Fargo Bank, N.A., 772 F.3d 63, 71 (1st Cir. 2014) (internal quotation marks omitted). A claim is facially plausible "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 173 L. Ed. 2d 868 (2009).
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2019 U.S. Dist. LEXIS 135117 *; 2019 DNH 128; 2019 WL 3779698
Felicia Blackwood v. Atrium Medical Corporation, Maquet Cardiovascular US Sales, LLC, and Getinge AB;In re: Atrium Medical Corp. C-QUR Mesh Products Liability Litigation (MDL No. 2753)
Prior History: In re Atrium Med. Corp. C-Qur Mesh Prods. Liab. Litig., 223 F. Supp. 3d 1355, 2016 U.S. Dist. LEXIS 172582 (J.P.M.L., Dec. 8, 2016)
allegations, consumer protection, mesh, statute of limitations, deceptive, defendants', discovery, practices, patch