STORY FROM: Drugs & Medical Devices
N.J. Federal Judge Dismisses Medtronic Insulin Pump Action Without Prejudice
December 4, 2017
CAMDEN, N.J. — A New Jersey federal judge has dismissed without prejudice product liability claims asserted against Medtronic Inc. in connection with its MiniMed insulin pump, finding they are preempted because they challenge the Class III device’s FDA-approved testing, design, manufacturing and warnings.
In a Nov. 30 opinion, Judge Jerome Simandle of the U.S. District Court for the District of New Jersey also dismissed the plaintiff’s breach of express warranty claim, finding he failed to show Medtronic made “voluntary statements” that were “not approved by the FDA or mandated by the FDA about the use or effectiveness” of a medical ...
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