Majority of Claims in Biotronik Defibrillator Case Preempted, La. Federal Judge Rules
May 4, 2021
NEW ORLEANS — A Louisiana federal judge has dismissed with prejudice manufacturing defect and inadequate warning claims in a case targeting Biotronik Inc.’s cardiac defibrillator, finding they are preempted because the allegations are not specific enough for a determination as to whether any of the alleged violations are parallel to state law.
However, in an April 29 order, Judge Lance M. Africk of the U.S. District Court for the Eastern District of Louisiana allowed plaintiffs to amend their design defect claim a second time to adequately plead the existence of a safer design.
Barbara Celino suffered from a medical condition …