STORY FROM: Drugs & Medical Devices

Claims in St. Jude Cardiac Defibrillator Action Expressly Preempted, Fla. Federal Judge Rules

MIAMI — A Florida federal judge has dismissed with prejudice state law claims asserted against St. Jude Medical Inc. in a cardiac defibrillator case, ruling that they are preempted because they are not based on state requirements that are parallel to federal regulations.

On March 25, Judge Federico A. Moreno of the U.S. District Court for the Southern District of Florida found the claims challenge the safety and effectiveness of the device, rather than device-specific premarket violations.

According to the complaint, Adrienne Ward was outfitted with a St. Jude implantable cardioverter defibrillator with “leads” — thin insulated wires that connect ...

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Feldman Gale
The Ferraro Law Firm

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