Del. Vascular Closure Device Case Dismissed as Preempted

WILMINGTON, Del. – A Delaware federal judge has dismissed a lawsuit alleging injuries caused by the Terumo Angio-Seal vascular closure device, ruling that the claims are preempted as pled because the plaintiff did not allege violations of FDA requirements.

On Sept. 30, Judge Jennifer Hall of the U.S. District Court for the District of Delaware allowed the pro se plaintiff to amend his claims.

In December 2021, Harold Berk underwent a transcatheter aortic valve replacement (TAVR) procedure to insert a new aortic valve in his heart. At the end of the procedure, medical staff placed a Terumo Angio-Seal in Berk’s …