STORY FROM: Drugs & Medical Devices

Claims in Medtronic Spinal Cord Stimulator Action Preempted, Mich. Federal Judge Rules

DETROIT — Product liability claims asserted in a spinal cord stimulator action are preempted and must be dismissed because the plaintiff’s allegations that Medtronic violated Current Good Manufacturing Practices are too generic to form the basis for a claim that parallels federal regulations, a Michigan federal judge has ruled.

However, in the May 1 order, Judge Nancy G. Edmunds of the U.S. District Court for the Eastern District of Michigan allowed the plaintiff’s fraud claim to proceed against Medtronic, ruling that it was adequately pled.

Janet Canary sustained serious spinal injuries in a February 2008 car accident. After undergoing a ...

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