STORY FROM: Drugs & Medical Devices
5th Cir. Reinstates Breach of Express Warranty Claim Against Medtronic in Neurostimulator Case
November 7, 2017
NEW ORLEANS — A federal appeals court has reinstated a lawsuit accusing Medtronic of misrepresenting that its neurostimulator has a nine-year device life, ruling that the breach of express warranty claim is not preempted because it challenges a statement that goes above and beyond any FDA-approved guarantee.
In an Oct. 31 opinion, the 5th Circuit U.S. Court of Appeals explained that if Medtronic’s statement is proven false, the company could be held liable under state law because the FDA did not approve its guarantee that the neurostimulator has a nine-year device life.
Ray Wildman suffered from chronic back and leg ...