Design, Manufacturing Defect Claims Proceed in Electroshock Therapy Device Lawsuit

ST. LOUIS — A Missouri federal judge has refused to dismiss design and manufacturing defect claims in a lawsuit targeting Somatics Inc.’s electroconvulsive therapy (ECT) device, finding the plaintiff adequately alleged the device was unreasonably dangerous.

However, in the Jan. 21 order, Judge Jean C. Hamilton of the U.S. District Court for the Eastern District of Missouri dismissed the negligence claim in part, ruling it is impliedly preempted because it is based upon a failure to comply with the Food, Drug and Cosmetic Act.

Janelle Schnulle underwent 33 sessions of electroconvulsive therapy (ECT) using Somatics’ Thymatron System IV device. She …