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Case Study: Koublani v. Cochlear Ltd.



This LawShelf case study Analyzing a federal case resulting from a cochlear implant that went awry as the result of an MRI exam. The company had produced a "kit" that was supposed to make it safe to undergo an MRI without removing the implant. Alas, the kit did not work, prompting the lawsuit. The first issue is federal preemption: can you even bring a lawsuit under state law arguing that a device approved by the FDA is defective, or are you limited to remedies provided under federal regulation? Then, the court And our analysis goes through various theories of product liability law, including strict liability, negligence, mismanufacture, defective design, breach of warranty and failure to warn. We will look at the elements of all of these causes of action and how they were applied in this case. This case study also shows the importance of being very careful when drafting a complicated civil complaint.

The case can be found here:

https://casetext.com/case/koublani-v-cochlear-ltd