State Law Claims in Pacemaker Case are Preempted, Judge Rules

LOS ANGELES - State law claims brought against a pacemaker manufacturer are preempted by the Medical Device Amendments because the plaintiff failed to establish a connection between his alleged injury and the maker's alleged violation of Food and Drug Administration regulations. Cohen v. Guidant Corp., No. 05-8070 (C.D. Calif.).

On Feb. 15, Judge Manuel L. Real of the U.S. District Court for the Central District of California found that 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.

Theodore Cohen received a Guidant Insignia Plus DR …