Preemption Defeats Lawsuit Targeting Abbott Cardiac Stent, Mass. Federal Judge Rules

BOSTON – A Massachusetts federal judge has dismissed a lawsuit in which a man alleged that his Abbott Vascular stent, which failed to properly expand in his artery, was defectively manufactured.

In a Sept. 29 order, Judge Mark L. Wolf of the U.S. District Court for the District of Massachusetts agreed with a magistrate judge that the claims are preempted because the plaintiff failed to allege his XienceStent deviated from FDA requirements.

Following a heart attack, Paul Cunningham was implanted with the stent, a Class III device, in November 2017. Cunningham alleges the stent failed to properly expand and remains …