St. Jude Waived Dismissal Arguments in Spinal Stimulator Case, Del. Federal Judge Rules

WILMINGTON, Del. — A Delaware federal judge has refused to dismiss a negligent manufacturing claim asserted in a second amended complaint in a St. Jude spinal cord stimulator case, ruling that the defendant waived its argument supporting dismissal by failing to raise it in response to the first amended complaint.

In an Oct. 11 order, Magistrate Judge Catherine Burke of the U.S. District Court for the District of Delaware also refused to dismiss the plaintiff’s failure-to-warn claim, ruling that St. June waived that argument as well by failing to raise it in its briefing.

Kathleen Freed underwent implantation of a …