STORY FROM: Drugs & Medical Devices

Pa. Federal Judge Remands Biotronik ICD Case for Lack of Federal Question Jurisdiction

SCRANTON, Pa. — A Pennsylvania federal judge has remanded a case involving an implantable cardioverter-defibrillator and leads filed against Biotronik Inc. and nondiverse healthcare providers, ruling that the complaint does not present a federal question.

In an Oct. 31 order, Judge Robert Mariani of the U.S. District Court for the Middle District of Pennsylvania explained that defendants’ preemption defense does not transform the action into one arising under federal law.

In December 2006, Ricky Smith was implanted with three cardiac leads and a Biotronik Implantable Cardioverter-Defibrillator (ICD) to treat his cardiomyopathy. Dr. Samir Pancholy of North Penn Cardiovascular Associates performed ...

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