STORY FROM: Drugs & Medical Devices

Minn. Appeals Court Reinstates Medtronic Pain Pump Action, Says Claims Not Preempted

MINNEAPOLIS — A Minnesota appellate court has reinstated claims of manufacturing defect, failure to warn, and breach of warranty in a Medtronic SynchroMed II infusion pump action, finding the claims are neither expressly nor impliedly preempted because they are based upon state requirements that parallel federal regulations.

In a March 26 order, the Minnesota Court of Appeals found the plaintiff sufficiently pled that the SynchroMed II was “adulterated” under both state and federal law, and that the adulteration is what caused her daughter’s death.

However, the appellate court agreed with the trial court that the plaintiffs’ negligence, negligent misrepresentation and ...

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Center for Constitutional Litigation
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Pearson Randall & Schumacher

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