Failure-To-Warn Claim Not Preempted in Impulse Generator Case

SAN JUAN, Puerto Rico - A failure-to-warn claim brought in a rechargeable impulse generator case is not preempted because an issue of material fact exists as to whether the manufacturer complied with federal regulations by warning the plaintiff that the device must be charged every three months and by supplying him with a charging system. Carrelo v. Advanced Neuromodulation Systems, No. 09-1671 (D. Puerto Rico).

Judge Juan M. Perez-Giminez of the U.S. District Court for the District of Puerto Rico found that the plaintiff does not seek to impose a warning that is "different to or in addition" to that …