STORY FROM: Drugs & Medical Devices

La. Federal Judge Dismisses Medtronic Pain Pump Actions, Directs Plaintiffs to Properly Plead ‘Parallel’ Claim

NEW ORLEANS — A Louisiana federal judge has dismissed without prejudice three consolidated lawsuits filed against Medtronic in connection with its SynchroMed II pain pump, ruling that the plaintiffs failed to plead a “parallel” claim that would escape preemption.

On Aug. 9, Judge Eldon Fallon of the U.S. District Court for the Eastern District of Louisiana found the plaintiffs have asserted some of the skeletal requirements for a parallel claim, but concluded that the claims were not pled with enough specificity for the court to accurately determine whether a successfully parallel claim may exist. The judge granted the plaintiffs leave ...

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Bruno & Bruno
Duplass Zwain Burgeois Pfister & Weinstock
Goldman Ismail Tomaselli Brennan & Baum

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