STORY FROM: Drugs & Medical Devices

Manufacturing Defect, Implied Warranty Claims to Proceed in Medtronic SynchroMed II Action

PHILADELPHIA — Claims of failure to warn, negligence, and breach of implied warranty asserted in a Medtronic SynchroMed II action are preempted because they seek to impose requirements that are different from, or in addition to, those imposed under federal law, a Pennsylvania federal judge has ruled.

However, in an Aug. 31 order, Judge Harvey Bartle III of the U.S. District Court for the Eastern District of Pennsylvania ruled that the manufacturing defect claim alleging violation of federal law is not preempted because parallels federal violations. Moreover, the breach of express warranty claim is not preempted “because such warranty is ...

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