Negligent Manufacturing, Warning Claims, Dismissed in Fla. Medtronic Riata Lead Case

TAMPA, Fla. — A Florida federal judge has dismissed negligent manufacturing claim in a Medtronic Riata defibrillator lead action, noting that state law does not permit a private action to enforce violations of Food and Drug Administration requirements.

On Sept. 24, Judge James S. Moody Jr. of the U.S. District Court for the Middle District of Florida also dismissed the plaintiff’s failure-to-warn claim, ruling that federal law impliedly preempts it because Florida law lacks a parallel duty to file adverse reports with the FDA. However, the judge granted the plaintiff leave to file an amended complaint.

Delio Marmol sued St. …