Pain Pump, Catheter Injury Claims are Preempted, Judge Rules

PHOENIX - State law claims brought against a pain pump and catheter manufacturer are federally preempted because they impose a higher duty upon the manufacturer than what was required during the Premarket Approval process, an Arizona federal judge has ruled. Stengel, et ux. v. Medtronic Inc., No. 10-318 (D. Ariz.).

In dismissing the suit against Medtronic Inc., Judge Raner C. Collins of the U.S. District Court for the District of Arizona ruled Nov. 9 that the claims impose requirements "different from, or in addition to" those imposed by the Food Drug and Cosmetic Act.

In a suit originally filed in …