N.J. Judge Dismisses Brain Stimulation System Lawsuit, But Allows Plaintiffs to Amend Complaint

CAMDEN, N.J. — A New Jersey federal judge has dismissed without prejudice a lawsuit alleging injuries caused by an allegedly defective Medtronic Activa Deep Brain Stimulation System, finding the claims based on defects, failure to warn, negligence and breach of warranty are preempted because they impose requirements that are different from the federal requirements.

On Feb. 24, Judge Renee M. Bumb of the U.S. District Court for the District of New Jersey further ruled that the fraud-based claims fail to meet heightened pleading standards. However, the judge allowed the plaintiffs to amend their complaint a second time.

According to the …