Huie Partner Obtains Dismissal of All Failure-to-Warn Claims in Federal Lawsuit

Huie partner Allen Sydnor recently obtained the dismissal of all failure-to-warn claims in a federal lawsuit on behalf of a medical device distributor.

On January 8, 2026, an Alabama federal judge dismissed with prejudice all failure-to-warn claims against the distributor of an inferior vena cava (IVC) filter, ruling that the failure-to-warn claims are barred by the learned intermediary doctrine. Plaintiff’s breach of warranty claims were also dismissed as time-barred. The Court declined to address the issue of whether Alabama’s Innocent Seller statute bars Plaintiff’s product liability, negligence and wantonness claims by interpreting the innocent seller statute to be an affirmative defense that should not be considered via a Motion to Dismiss.

The Court also did not address whether there is any viable state court claim against a distributor other than a failure-to-warn claim in a case where the product involved is an “unavoidably unsafe” implanted medical device intended to be used by a sophisticated user like a surgeon.