Manufacturing Defect Claims Proceed in Ga. Federal Medtronic SynchroMed II Case

ATLANTA — A Georgia federal judge has refused to dismiss claims for manufacturing defect and breach of implied warranty in a Medtronic drug infusion pump case, finding the plaintiff has alleged violations of state law that parallel federal regulations.

In an Aug. 24 order, Judge J.P. Boulee of the U.S. District Court for the Northern District of Georgia further found the claims are not impliedly preempted because they are not solely based upon a failure to report to the Food and Drug Administration.

Tiana Gibson was in a car accident in 2011 and as a result suffers from spasticity of …