Lawsuit Targeting Cochlear Implant ‘Accessory’ Not Preempted, N.Y. Federal Judge Rules

NEW YORK — A New York federal judge has found claims targeting a cochlear implant’s magnet removal kit are not preempted by federal law because it is not clear whether the kit, which was introduced to the market after the implant was approved, was cleared via the Food and Drug Administration’s Premarket Approval Process.

However, in the June 23 order, Senior Judge Denis R. Hurley of the U.S. District Court for the Eastern District of New York dismissed the claims against Cochlear Limited and Cochlear Americas Corp. (CAM) with leave to amend, ruling they are insufficiently pled.

Shafigheh Koublani underwent …