Spinal Cord Stimulator Injury Claims are Preempted, Court Rules

JACKSON, Miss. - The highest court in Mississippi has affirmed that personal injury claims brought against the manufacturer of a spinal cord stimulator are preempted because the stimulator is a class III device under the Medical Device Act and therefore had premarket approval. Sanders v. Advanced Neuromodulation Systems Inc., No. 09-594 (Miss. Sup. Ct.).

The Mississippi Supreme Court, in a Sept. 30 decision, noted that the claims challenged the safety and effectiveness of a class III device that has received premarket approval by the FDA and are therefore preempted by federal law pursuant to Riegel v. Medtronic Inc. (552 U.S. …