Plaintiff May Amend Complaint Against Maker of Stapling Device

NEW YORK - A New York federal judge has granted summary judgment to the maker of a stomach stapling device that allegedly malfunctioned during a clinical trial surgery, ruling that the claims are preempted because they sought to impose requirements that are "different from, or in addition to" those imposed by federal law. Burgos v. Satiety Inc., No. 10-2680 (E.D. N.Y.).

On Nov. 30, Judge John Gleeson of the U.S. District Court for the Eastern District of New York did, however, allow the plaintiff to amend her complaint to add "parallel" state law claims.

In November 2008, Lucia Burgos underwent …