Smith v. GE Healthcare Inc.

Full title: CEASAR SMITH v. GE HEALTHCARE INC ET AL

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

Date published: Apr 15, 2020

CASE NO. 3:19-CV-00492 (W.D. La. Apr. 15, 2020)

Opinion

CASE NO. 3:19-CV-00492

04-15-2020

CEASAR SMITH v. GE HEALTHCARE INC ET AL

JUDGE TERRY A. DOUGHTY

MAG. JUDGE KAREN L. HAYES

JUDGMENT

The Report and Recommendation [Doc. No. 50] of the Magistrate Judge having been considered, no objections having been filed, and finding that same is supported by the law and the record in this matter,

IT IS ORDERED, ADJUDGED AND DECREED that General Electric Company and GE Healthcare, Inc.'s motions to dismiss [Doc. Nos. 33 and 43] are GRANTED, and that plaintiff's design defect claim, the failure-to-warn claim, and the breach of express warranty claim as it relates to the claim gadolinium is eliminated from the body are hereby DISMISSED, WITH PREJUDICE, reserving only plaintiff's claim for breach of an express warranty that gadolinium does not cross the blood-brain barrier.

THUS DONE AND SIGNED this 15^th day of April, 2020, in Monroe, Louisiana.

/s/_________

TERRY A. DOUGHTY

UNITED STATES DISTRICT JUDGE