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FOGAL v. STEINFELD

163 Misc.2d 497 (1994)

620 N.Y.S.2d 875

Linda Fogal, as Administratrix of The Estate of Kristen Fogal, Deceased, et al., Plaintiffs, v. Leon Steinfeld et al., Defendants.

Supreme Court, New York County.

October 24, 1994

Attorney(s) appearing for the Case

Quirk & Bakalor, New York City, for Medtronic, Inc., defendant. Gottlieb, Rackman & Reisman, New York City, for Cordis Corporation, defendant. Peltz, Walker & Dubinsky, New York City, for Joseph Soloway and others, defendants. Samuel & Weininger, Lake Success, for plaintiffs.

STANLEY L. SKLAR, J.

Defendant Medtronic, Inc. moves for permission to amend its answer to add Federal preemption as an affirmative defense to all of plaintiffs' claims.1

PROCEDURAL HISTORY

This action arises out of the death of the infant Kristin Fogal, who was born with a complete heart block, due to a transplacental transfer of her mother's SLE antibody, requiring...

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