Strict Liability Claims Against Guidant are Preempted, Judge Rules

SAN DIEGO - Strict liability claims against a pacemaker manufacturer are federally preempted because they do not allege that the device was not manufactured or designed in accordance with Food and Drug Administration regulations, a California federal judge has ruled. Nimitz v. Guidant LLC, No. 08-1294 (S.D. Calif.).

On March 3, Judge M. James Lorenz of the U.S. District Court for the Southern District of California allowed the plaintiff to amend his complaint to re-plead design defect, manufacturing defect and/or failure to warn claims that are not preempted under the Food, Drug and Cosmetic Act.

In 2006, Frederick Nimtz had …