Strict Liability, Warranty Claims Preempted in Medtronic Pacemaker Action, Nev. Federal Judge Rules

RENO, Nev. — Strict product liability and warranty claims brought against Medtronic Inc. in connection with its pacemaker are federally preempted because they seek to impose state law requirements that are "different from, or in addition to," requirements under the Medical Device Amendments, a Nevada federal judge has ruled.

On Sept. 30, Judge Gloria Navarro of the U.S. District Court for the District of Nevada dismissed the case without prejudice, finding the Supplemental Premarket Approval application is insufficient to preempt the claims pursuant to § 360k(a).

The judge allowed plaintiffs until Oct. 11 to amend their complaint to cure the …