Zoll Loses Bid to Dismiss Defibrillator Vest Lawsuit on Preemption Grounds

JACKSON, Tenn. — A Tennessee federal judge has refused to dismiss a lawsuit accusing Zoll Medical Corp. of defectively manufacturing its defibrillator vest and causing a man’s death, ruling that the claims are not preempted because the plaintiff is not challenging the device’s FDA-approved specifications.

On Dec. 8, Chief Judge Thomas Anderson of the U.S. District Court for the Western District of Tennessee found the plaintiff alleges that had Zoll properly manufactured and refurbished the LifeVest in accordance with FDA premarket approval requirements, her husband would not have died.

Zoll’s alleged failure not only violates the FDA’s requirements for …