Medtronic ICD Class Action Dismissed for Lack of Standing, Preemption

MINNEAPOLIS — A Minnesota federal judge has dismissed a putative class action in which a man alleged economic injuries on behalf of himself and a class of consumers in connection with Medtronic’s recalled implantable cardioverter defibrillator, ruling that he failed to show an injury-in-fact.

In an April 3 order, Judge Jeffrey M. Bryan of the U.S. District Court for the District of Minnesota further ruled that the claims are preempted by the Food, Drug and Cosmetic Act because they challenge the safety and effectiveness of an FDA-approved device without identifying which premarket approval requirement Medtronic allegedly breached.

Terry Harris filed …