Medtronic Loses Bid to Dismiss SynchroMed II Action in Calif. Federal Court

SACRAMENTO, Calif. — A California federal judge has refused to dismiss a lawsuit targeting Medtronic’s SynchroMed II drug infusion pump, ruling that the claims are not preempted because the plaintiff has adequately alleged the device was not manufactured in compliance with federal requirements and parallel state requirements.

On April 13, Senior Judge Anthony W. Ishii of the U.S. District Court for the Eastern District of California further ruled that the claims for manufacturing defect and breach of express warranty were adequately pled. The judge dismissed the failure-to-warn claim with leave to amend.

Kilmer had a SynchroMed II Device implanted on …