STORY FROM: Drugs & Medical Devices

Manufacturing Defect, Warning Claims Dismissed Without Prejudice in Medtronic SynchroMed II Action

FRESNO, Calif. — A California federal judge has dismissed without prejudice manufacturing defect, failure-to-warn and breach of warranty claims in a Medtronic SynchroMed II pain pump action, ruling they are preempted and/or inadequately pled.

However, in the Feb. 24 order, Judge Dale Drozd of the U.S. District Court for the Eastern District of California granted the plaintiff leave to file a second amended complaint.

In 2004, Michael Martin was diagnosed with lumbar spondylosis and lumbar degenerative disc disease. After several years of taking medication for his condition, Martin was referred by his doctor for a pain pump trial. On ...

Associated Law Firms
Bourdette & Partners
Donahue Davies
Goldman Ismail Tomaselli Brennan & Baum
Pearson Randall & Schumacher

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