STORY FROM: Drugs & Medical Devices

Ohio Federal Judge Dismisses Medtronic SynchroMed II Action, Says Claims Preempted

TOLEDO, Ohio — An Ohio federal judge has dismissed a lawsuit involving Medtronic’s SynchroMed II pain pump, ruling that the plaintiff’s state law claims are expressly preempted because he failed to assert “parallel” state law claims that are based upon federal regulations.

In a Feb. 23 order, Senior Judge James Carr of the U.S. District Court for the Northern District of Ohio dismissed as preempted the plaintiff’s claims of manufacturing defect, failure to warn, breach of warranty, negligent and fraudulent misrepresentation, and negligence.

Randy Warstler was involved in a boating accident in 1980, which caused neuropathy in his right leg. ...

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