STORY FROM: Drugs & Medical Devices

Claims in Spinal Cord Stimulator Action Preempted, Okla. Federal Judge Rules

OKLAHOMA CITY — Claims asserted against Boston Scientific Corp. in connection with its spinal cord stimulator are federally preempted because the claims are based on state requirements related to safety and effectiveness that are “different from, or in addition to” federal requirements, an Oklahoma federal judge has ruled.

On April 15, Judge Vicki M. LaGrange of the U.S. District Court for the Western District of Oklahoma dismissed the plaintiff’s second amended complaint, ruling that the plaintiff’s conclusory allegations that BSC violated the conditions of the FDA’s approval and the general regulations applicable to Class III medical devices are insufficient to ...

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