Breach of Express Warranty Claim to Proceed in Spinal Cord Simulator Action

SAVANNAH, Ga. - A Georgia federal judge has ruled that a breach of express warranty claim brought against Boston Scientific Neuromodulation Corp. in a spinal cord simulator malfunction action is not preempted because it sets forth a "parallel" claim. Horn v. Boston Scientific Neuromodulation Corp., No. 4:09-74 (S.D. Ga.).

However, in the Aug. 26 order, Judge William T. Moore Jr. of the U.S. District Court for the Southern District of Georgia found that the plaintiff's remaining claims of strict liability, violation of Food and Drug Administration regulations and breach of implied warranty are preempted because they sought to impose regulations …