Negligence Claim Arising From Sales Rep’s Oral Representations Not Preempted, Ind. Appellate Court Rules

INDIANAPOLIS — Federal law does not preempt a negligence claim arising from statements made by Medtronic’s sales representative during surgery regarding the performance of a ventricular lead because the claim does not concern the design, manufacture, or labeling of the lead, an Indiana appellate court has affirmed.

In an Oct. 11 opinion, the Indiana Court of Appeals reasoned that plaintiffs allege negligence by a corporate agent acting as a de facto physician's assistant during a surgical procedure, therefore the claim does not fall under the preemption holding in Riegel v. Medtronic.

David Malander suffered from heart problems, and in 1997 …