Plaintiff Appeals Preemption Ruling to 5th Cir. in Implantable Defibrillator Case

NEW ORLEANS — The plaintiff in a case targeting Medtronic’s implantable defibrillator has appealed a Louisiana federal judge’s ruling that her claims are preempted by federal law because they attack the device’s FDA-approved manufacturing process.

The plaintiff filed a notice of appeal with the 5th Circuit U.S. Court of Appeals on Jan. 14.

Matthew Naquin has a history of heart problems. His cardiologist recommended a Medtronic Evera XT VR Implantable Cardiac Defribrillator (ICD) which was surgically implanted into Naquin’s chest on March 30, 2016.

The ICD included an allegedly defective Sprint Quattro lead, which caused the whole device to …