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Supreme Court ruling allows Shiley valve patient to sue for fraud, breach of express warranty.

This article was originally published in The Gray Sheet

Executive Summary

SHILEY VALVE PATIENT CHARGES OF FRAUD, BREACH OF EXPRESS WARRANTY are being remanded to the U.S. District Court in Philadelphia, where a jury will review the charges based on Pennsylvania state law. The legal evaluation of the two charges made by Bjork-Shiley valve recipient Nina Michael is moving back to district court following an Oct. 2 denial by the U.S. Supreme Court to review a petition submitted by Shiley and parent Pfizer. Shiley had asked the high court to overturn the ruling of the Third Circuit Court of Appeals, which concluded that federal law does not preempt the express warranty and fraud charges, thereby allowing Michael to sue under state law. The Supreme Court declined to review the petition without comment.
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