Medtronic Not Liable for Alleged Pain Pump Malfunction, Judge Rules
November 30, 2010
DOCUMENTS
- Order
CHARLESTON, W.Va. - Claims brought against Medtronic Inc. in connection with its SynchroMed pain pump are preempted by the Medical Device Amendments to the Food, Drug and Cosmetic Act because it was manufactured in accordance with Premarket Approval standards, a West Virginia federal judge has ruled. Walker v. Medtronic Inc., No. 07-317 (S.D. W.Va.).
In a Nov. 24 order, Senior Judge David A. Faber of the U.S. District Court for the Southern District of West Virginia further found that the plaintiff's state law claims called for requirements "different from, or addition to" those set by the Food and Drug Administration …
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