Jenner & Block

“Lost Profit Damages Three Years After ‘Biotronik’” New York Law Journal

In this article, Jenner & Block Partner Elizabeth Edmondson and Associate Jenna Ross discuss how the New York Court of Appeal’s decision in Biotronik, A.G. v. Conor Medsys, Ireland has affected New York damages laws.  The authors examine the case in which Biotronik, a medical device distributor, filed a breach of contract lawsuit against Conor, a coronary stent manufacturer.  Conor recalled its stents, and Biotronik claimed to have lost profits from its attempt to resell the devices.  The New York Court of Appeals concluded that the lost profits were general damages and not consequential damages.  The authors explain that the court’s decision to characterize Biotronik’ s lost profits as general damages drew concerns that it would shift New York damages law.  But Ms. Edmondson and Ms. Ross observe that federal courts interpreting Bitronik “have not construed it as marking a meaningful shift in the New York law of consequential damages.”