Plaintiff May Amend Consumer Protection Act Claim in Insulin Pump Case

TOPEKA, Kan. - A Kansas federal judge has allowed the plaintiff in an insulin pump action to amend her complaint to sufficiently allege that the defendant manufacturer willfully marketed and sold a defective product. Pontious v. Medtronic Inc., et al., No. 11-4069 (D. Kan.).

On Dec. 7, Judge Carlos Murguia of the U.S. District Court for the District of Kansas ruled that the claim is not federally preempted because it asserts liability flowing from the manufacturer's alleged willful marketing of a defective product to consumers, rather than its alleged failure to report as required by FDA regulations.

Alice Pontious sued …