Manufacturing Defect, Warranty Claims Against St. Jude Not Preempted, Magistrate Judge Says

BUFFALO, N.Y. — Manufacturing defect and warranty claims stemming directly from Food and Drug Administration violations are not federally preempted and should proceed against St. Jude Medical Inc. in connection with its Durata cardiac defibrillator lead, a New York federal magistrate judge has recommended.

However, in a March 3 report and recommendation, Magistrate Judge Hugh B. Scott of the U.S. District Court for the Western District of New York found the plaintiff’s failure-to-warn and negligent manufacture claims are preempted because they seek to impose requirements that are “different from, or in addition to” federal law.

John Teixeira was implanted with …