Faulty Medication Pump Claims are Preempted, Judge Rules

NEW ORLEANS - Claims brought against the manufacturer of a medication pump that allegedly malfunctioned are preempted by the Medical Device Amendments because they would impose state requirements that are "different from or in addition to" federal requirements, a Louisiana federal judge has ruled. Cenac, et al. v. Hubbell, No. 09-3686 (E.D. La.).

On Oct. 21, Judge Lance M. Africk of the U.S. District Court for the Eastern District of Louisiana dismissed the claims with prejudice.

In April 2009, Lindsey and Cami Cenac sued Medtronic Inc. and Dr. Paul J. Hubbell on behalf of their deceased father, Ovide. Plaintiffs alleged …