Tenn. Vascular Closure Device Case Survives Motion for Judgment on the Pleadings

GREENVILLE, Tenn. — A Tennessee federal judge has denied a medical device manufacturer’s motion for judgment on the pleadings in a case targeting its Angio-Seal vascular closure device, ruling that discovery should take place before the question of preemption is decided.

In a Sept. 23 order, Judge Travis McDonough of the U.S. District Court for the Eastern District of Tennessee found the complaint “narrowly meets the minimum level of specificity” to survive Terumo Medical Corp. (TMC)’s motion.

“Although Plaintiffs could have more easily satisfied their burden under Rule 8 if they had referenced in their complaint the particular issues and …