N.Y. Federal Judge Dismisses Defective Cardiac Defibrillator Action Against St. Jude

NEW YORK — A New York federal judge has dismissed a lawsuit concerning a defective St. Jude Medical Inc. implantable defibrillator and Durata lead, finding the plaintiffs’ strict liability and failure-to-warn claims are preempted and otherwise inadequately pled.

On June 23, Judge Joanna Seybert of the U.S. District Court for the Eastern District of New York explained that plaintiffs’ reliance on a Food and Drug Administration warning letter is not sufficient to plead state law claims that are “parallel” to federal requirements.

On April 14, 2010, Gerard Franzese underwent surgery during which he received a St. Jude implantable defibrillator (ICD). …