Medtronic Defibrillator Action Barred by Res Judicata, 5th Cir. Affirms

NEW ORLEANS — The 5th Circuit U.S. Court of Appeals has upheld dismissal of a lawsuit in which a Louisiana man alleged Medtronic’s implantable defibrillator and lead were defective, ruling the claims are barred by the doctrine of res judicata because they involve an occurrence that was the subject matter of a previous action that had been adjudicated.

On Aug. 24, the appellate panel agreed with the U.S. District Court for the Eastern District of Louisiana that a 2021 FDA recall of the device did not create a new cause of action under the Louisiana Products Liability Act (LPLA).

David …