Claim Accusing St. Jude of Breaching Duty to Exercise Reasonable Care Dismissed Without Prejudice

SALT LAKE CITY — A Utah federal judge has dismissed without prejudice a negligence claim in which a plaintiff accuses St. Jude Medical Inc. representatives of breaching their duty to ensure that a spinal cord stimulator was properly implanted.

On July 16, Judge Ted Stewart of the U.S. District Court for the District of Utah explained that if further discovery reveals that the plaintiff was harmed by his surgeon’s reliance on St. Jude’s failure to exercise reasonable care, he may reassert the claims against the manufacturer.

Richard McCartney suffered back injuries during his military service in the mid-1980s and suffers …