STORY FROM: Drugs & Medical Devices

Claims Involving Defective Spinal Cord Stimulator Preempted, Del. Federal Judge Rules

WILMINGTON — A Delaware federal judge has dismissed without prejudice a lawsuit against St. Jude Medical Inc. involving its allegedly defective spinal cord stimulator, ruling that as pled, the claims are preempted because they fail to allege violations of state law that parallel federal regulations.

However, in the Sept. 15 order, Judge Mark Kearney of the U.S. District Court for the District of Delaware allowed the plaintiffs to amend their claims of breach of implied and express warranties.

Kathleen Freed underwent implantation of a St. Jude spinal cord stimulator to address her chronic lower back pain. Freed alleges the ...

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