5th Cir. Upholds Dismissal of Medtronic Defibrillator Case on Preemption Grounds
October 19, 2021
NEW ORLEANS — A federal appellate panel has refused to reinstate a Louisiana man’s lawsuit targeting Medtronic’s implantable defibrillator, affirming that the claims are preempted by federal law because they attack the device’s Food and Drug Administration-approved manufacturing process.
In an Oct. 18 opinion, the 5th Circuit U.S. Court of Appeals panel found the plaintiff failed to adequately plead violations of state law that parallel federal regulations. Instead, he “makes numerous conclusory allegations” that the device is unreasonably dangerous, the panel found.
Plaintiff Matthew Naquin has a history of heart problems. His cardiologist recommended a Medtronic Evera XT VR …