Claims Against Maker of Defibrillator Lead Inadequately Pleaded, Federal Judge Rules

ANDERSON, S.C. - Failure-to-warn claims brought against the maker of a cardiac defibrillator lead are "parallel" and therefore not preempted by federal law, but were not pleaded with particularity as required by Twombly and Iqbal and must be dismissed, a South Carolina federal judge has ruled. Viserta v. St. Jude Medical Inc., No. 8:11-00505 (D. S.C.).

On Feb. 29, Judge J. Michelle Childs of the U.S. District Court for the District of South Carolina ruled that the plaintiff's amended complaint sets forth only conclusory allegations with no factual support.

Dolores Viserta was implanted with a St. Jude Medical Inc. Riata …