Minn. Appeals Court Upholds Award of Summary Judgment to Medtronic in ICD Action

MINNEAPOLIS — A Minnesota appellate court has upheld an award of summary judgment to Medtronic in a lawsuit targeting its Virtuoso implantable cardioverter defibrillator, finding the plaintiff failed to provide sufficient evidence that the company violated federal law when it manufactured the device.

In a June 10 opinion, the Minnesota Court of Appeals agreed with the trial court that the claims are preempted by the Medical Device Amendments to the Food, Drug & Cosmetic Act.

In December 2006, Donna Delfino was implanted with a Medtronic Virtuoso ICD Model D154AWG. An ICD treats abnormal heart rhythms by shocking the heart back …