5th Cir. Upholds Dismissal of Medtronic Defibrillator Case as Preempted

  • Opinion

NEW ORLEANS — A federal appellate panel has refused to reinstate a Louisiana man’s lawsuit targeting Medtronic’s implantable defibrillator and lead, affirming that the claims are preempted by federal law because they attack the device’s Food and Drug Administration-approved manufacturing process.

In a March 9 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; rather, he made “numerous conclusory allegations” that the device was unreasonably dangerous and accompanied by inadequate warnings.

David Reddick was diagnosed with a heart rhythm disorder in 2013. To treat the …


HarrisMartin's Midwest Asbestos Litigation Conference

September 23, 2022 - St. Louis, MO
Four Seasons Hotel, St. Louis


HarrisMartin's MDL Conference

July 27, 2022 - Seattle, WA
Fairmont Olympic Hotel, Seattle