Manufacturing Defect Claims Survive Dismissal in Medtronic Infusion System Action
March 16, 2021
DOCUMENTS
- Order
HUNTINGTON, W. Va. — A West Virginia federal judge has refused to dismiss manufacturing defect and breach of warranty claims from a lawsuit targeting Medtronic’s SynchroMed II medication infusion system, ruling they are not preempted to the extent they are based upon alleged deviations from PMA specifications and Current Good Manufacturing Practices.
On March 11, Judge Robert C. Chambers of the U.S. District Court for the Southern District of West Virginia further ruled that plaintiff pled the claims with the requisite specificity. The amended complaint includes specific allegations as to the device and malfunction (motor stall due to motor corrosion), …
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