State Law Claims Against Insulin Pump Maker Preempted, Judge Rules

BOSTON - State law claims brought against the manufacturer of an allegedly defective insulin pump are federally preempted because the Food and Drug Administration had approved the pump via the premarket approval process, a Massachusetts federal judge has ruled. Duggan v. Medtronic Inc., et al., No. 09-12046 (D. Mass.).

On Jan. 10, Judge Patti Saris of the U.S. District Court for the District of Massachusetts ruled that the FDA approved the Medtronic Inc. continuous glucose monitoring system at issue in April 2006, which included the pump.

Judith and Keith Duggan sued Medtronic Inc. for injuries resulting from Medtronic's Paradigm Real …