Majority of Claims Against Insulin Pump Maker Preempted, Judge Rules

  • Order

PHILADELPHIA - Strict liability, failure-to-warn and breach of express warranty claims brought against the manufacturer of an insulin pump are preempted by the Medical Device Amendments because they attempt to impose requirements "different from, or in addition to" those imposed by federal law, a Pennsylvania federal judge has ruled. Bentzley v. Medtronic Inc., No. 10-3827 (E.D. Pa.).

However, in the Nov. 29 ruling, Judge Eduardo C. Robreno of the U.S. District Court for the Eastern District of Pennsylvania ruled that the plaintiff's breach of implied warranty claim is not preempted because it is not based upon state requirements.

Paul Bentzley …


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