Claims in Nevro Spinal Cord Stimulator Case Preempted, Fla. Judge Rules

TAMPA, Fla. — Claims against Nevro Corp. in connection with its implantable spinal cord stimulator are preempted by federal law because the plaintiff failed to plead state law product liability claims that parallel federal regulations, a Florida federal judge has ruled.

However, in a June 21 order, Judge James S. Moody Jr. allowed the plaintiffs one more opportunity to amend their complaint to cure the pleading deficiencies.

Donald Womack was implanted with Nevro Corp.’s Senza CSC spinal cord stimulator in September 2017. Soon thereafter, Womack reported to Nevro representative Megan Poole that the device felt extremely hot. Poole informed Womack …