State Law Claims in Pacemaker Case Preempted, Court Affirms

INDIANAPOLIS - State law failure-to-warn claims brought against the maker of a pacemaker are preempted by the Medical Device Amendments because they called for requirements that are "different from or in addition to" those imposed by the Food and Drug Administration, an Indiana appellate court has affirmed. McGookin v. Guidant Corp., No. 71A04-1001-CT-101 (Ind. App. Ct.).

The Indiana Court of Appeals ruled Jan. 21 that the U.S. Supreme Court's ruling in Riegel v. Medtronic Inc. (552 U.S. 312 [2008]) is controlling and relieves Guidant Corp. of liability.

Samantha McGookin was born in April 2004 with complete heart block, which is …