Judge Remands Case Against Defibrillator Maker to State Court

PHILAELPHIA - A Pennsylvania federal judge has remanded to state court a suit against the maker of an automated external defibrillator, ruling that the case does not present a federal question, but rather "raises fact-bound and situation specific questions about whether the device was properly designed, manufactured and labeled." Malofiy v. Cardiac Science Corp., et al., No. 10-2377 (E.D. Pa.).

On Nov. 15, Judge Jan E. DuBois of the U.S. District Court for the Eastern District of Pennsylvania further ruled that federal jurisdiction is not created "simply because a product regulated by the FDA is at issue."

On Nov. 28, …