Strict Liability, Warranty Claims Survive Preemption in BSC Spinal Cord Stimulator Case

COLUMBUS, Ohio — An Ohio federal judge has allowed claims for strict liability and breach of warranty to proceed in a case targeting Boston Scientific Corp.’s spinal cord stimulator, finding they are not preempted by federal law because the plaintiff has pled parallel state law violations.

However, in the Oct. 14 order, Chief Judge Algenon Marbley of the U.S. District Court for the Southern District of Ohio dismissed the plaintiff’s negligent and fraudulent misrepresentation claims, ruling they were not pled with the specificity required by Rule 9(b).

Seravea Mories was implanted with a BSC SCS 1132 spinal cord stimulator in …