Lawsuit Targeting Thoratec Ventricular Assist Device Proceeds in Texas

SAN ANTONIO, Texas — A Texas federal judge has refused to dismiss claims that Thoratec’s defective ventricular assist device caused a man’s death, ruling they are not preempted because plaintiffs allege the company failed to comply with FDA-approved manufacturing specifications.

In a May 22 order, Judge Jason Pulliam of the U.S. District Court for the Southern District of Texas explained that under 5th Circuit case law, plaintiffs may allege a “parallel claim” by pleading that the defendant failed to comply with FDA-approved manufacturing specifications and those failures caused injury.

Ramon Flores was implanted with a Thoratec HeartMate 3TM Left Ventricular …