STORY FROM: Drugs & Medical Devices
Federal Law Preempts Claims Against Medtronic in ICD Lead Case, N.Y. Federal Judge Rules
December 9, 2015
NEW YORK — Manufacturing defect and failure-to-warn claims asserted against Medtronic Inc. in a cardiac defibrillator lead case are federally preempted because they are not based on state law requirements that “parallel” those imposed by federal law, a New York federal judge has ruled.
In a Dec. 7 order, Judge Leonard D. Wexler of the U.S. District Court for the Eastern District of New York explained that Medtronic’s alleged failure to report manufacturing problems and adverse events do not violate state law.
Furman Pearsall had an implantable Medtronic Virtuous cardiac defibrillator (ICD) and lead implanted on Dec. 11, 2006. ...
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