Synthes, Spine Solutions Granted Summary Judgment in Artificial Disc Case

VICTORIA, Texas - Claims brought against the maker of an artificial intervertebral disc are preempted by the Medical Device Amendments of 1976 because they called for requirements that are "different from or in addition to" those imposed by the Food and Drug Administration, a Texas federal judge has ruled. Timberlake v. Synthes Spine Co., No. V-08-4 (S.D. Texas).

On Feb. 18, Senior Judge John D. Rainey of the U.S. District Court for the Southern District of New York granted Synthes Spine Co. and its subsidiary, Spine Solutions Inc., summary judgment on plaintiff's state law claims.

Calvin Timberlake suffered from degenerative …