Design Defect, Warning Claims Asserted in Medtronic Infuse Case Preempted, N.Y. Federal Judge Rules

ROCHESTER, N.Y. — A New York federal judge has dismissed a Medtronic Infuse lawsuit, ruling that the plaintiff’s design defect and failure-to-warn claims are federally preempted because they seek to impose safety-related requirements on the device or its labeling beyond those imposed by the Food and Drug Administration.

On Oct. 2, Judge Charles J. Siragusa of the U.S. District Court for the Western District of New York further ruled that the plaintiff’s claims of manufacturing defect and fraud are conclusory and not pled with the requisite particularity.

Tyler Wood underwent a cervical spine procedure in March 2006 during which his …