Strict Liability Claims Against Cochlear Implant Maker Not Preempted, Federal Judge Rules

LOUISVILLE, Ky. — Strict liability claims brought against Advanced Bionics Inc. (NYSE: BSX) in connection with a malfunctioning cochlear implant are not preempted because plaintiffs presented sufficient evidence that the manufacturer did not comply with the testing mandated in the device’s premarket approval supplement, a Kentucky federal judge has ruled.

However, in the March 7, Judge John G. Heyburn II of the U.S. District Court for the Western District of Kentucky granted the manufacturer summary judgment on plaintiffs’ fraud and negligence claims, finding they call for requirements “in addition to or different from” those set by federal law.

In January …