Claims Arising From Pain Pump Malfunction Preempted, 4th Circuit Affirms

RICHMOND, Va. - State law claims brought against Medtronic Inc. in connection with its SynchroMed pain pump are preempted by the Medical Device Amendments to the Food, Drug and Cosmetic Act because they seek to impose requirements "different from, or addition to" those set by the Food and Drug Administration, a federal appellate court has affirmed. Walker v. Medtronic Inc., No. 10-2219 (4th Cir.).

On Jan. 25, a 4th Circuit U.S. Court of Appeals majority ruled that the pump was designed and manufactured in accordance with Premarket Approval standards.

Sherry Ann Walker alleged that her husband Arnold died in June …