Claims in Boston Scientific Spinal Cord Stimulator Case Preempted, Okla. Federal Judge Rules

OKLAHOMA CITY — Claims asserted against Boston Scientific Corp. in connection with its spinal cord stimulator are federally preempted because they are based on state requirements related to safety and effectiveness that are “different from, or in addition to” federal requirements, an Oklahoma federal judge has ruled.

However, in a Jan. 28 order, Judge Vicki M. LaGrange of the U.S. District Court for the Western District of Oklahoma dismissed the claims without prejudice and granted leave to the plaintiff to amend her pleadings.

Plaintiff Susan Nevolas alleges that BSC’s Precision Spinal Cord Stimulator, Model SC-1010C, malfunctioned because it was defective …