Proposed Negligence Claim in Medtronic Defibrillator Case Not Preempted, Calif. Appellate Court Rules

LOS ANGELES — A California trial court erred in denying a plaintiff’s motion for leave to amend his complaint against Medtronic Inc. in connection with its Secura ICD implantable cardiac defibrillator, a state appellate court has ruled, finding that the proposed state law claim of negligence is not federally preempted.

In a May 15 opinion, the California Court of Appeal, 2nd District, found that the claim seeks to impose a requirement as to the actions of a Medtronic employee, not a duty as to the design, manufacture or labeling of a device. Therefore the claim is not preempted under Riegel …