Somatics Denied Summary Judgment in N.H. Electroshock Therapy Device Case

CONCORD, N.H. — A New Hampshire federal judge has denied Somatics LLC summary judgment on negligence claims in a case targeting its electroconvulsive therapy device, ruling there are questions of fact as to whether the claim is impliedly or expressly preempted.

On Sept. 30, Judge Paul J. Barbadoro of the U.S. District Court for the District of New Hampshire also ruled there are issues of fact as to whether the device was defective and whether Somatics’ warnings adequately apprised the plaintiff’s psychiatrist of the risk of memory loss.

Diane O’Neil underwent 22 bitemporal ECT sessions with Somatics’ Thymatron IV between …