Okla. Federal Judge Dismisses Claims Targeting Medtronic Insulin Pump as Preempted

OKLAHOMA CITY – An Oklahoma federal judge has ruled that claims in an action targeting Medtronic’s MiniMed Insulin Pump are preempted by the Food, Drug and Cosmetic Act because the plaintiff failed to allege violations of state laws that parallel federal regulations.

In the June 9 order, Judge Scott L. Palk of the U.S. District Court for the Western District of Oklahoma dismissed the claims for strict product liability, negligence, and breach of express and implied warranties with prejudice. However, the judge dismissed the claims relating to Medtronic’s Infusion Set without prejudice.

Clayton Warmoth, a type 1 diabetic, began using …