Claims in Medtronic Pacemaker Lawsuit Not Preempted, S.C. Federal Judge Rules

CHARLESTON, S.C. — A South Carolina federal judge has denied Medtronic Inc.’s motion to dismiss a lawsuit targeting its pacemaker, ruling the claims based upon the device’s alleged lack of protective coating are not preempted because they assert a violation of state law that parallels federal regulations.

In a Feb. 8 order, Judge David C. Norton of the U.S. District Court for the District of South Carolina explained that the plaintiff adequately alleged the device’s premarket approval documents required a protective coating.

Emery Feeser, on July 7, 2018, underwent implantation of a Medtronic Azure S. DR MRI SureScan pacemaker — …