Fla. Appeals Court Upholds Dismissal of Spoliation Claim Against Hospital in Pain Pump Action

LAKELAND, Fla. — A Florida appeals court has upheld dismissal of a spoliation claim asserted against a hospital that disposed an allegedly defective pain pump connector, ruling that the plaintiffs’ related product liability claims against the device manufacturer were preempted.

On Feb. 15, the Florida Court of Appeal, 2nd District, explained that state law provides no parallel claim that would allow the plaintiffs to pursue the device manufacturer.

In April 2002, Linda Wolicki-Gables underwent surgery to have an Arrow pump system implanted to alleviate her back and neck pain. The pump system allowed pain medication to be delivered continuously into …