Leave to Amend Granted in Ohio Boston Scientific Spinal Cord Stimulator Action
January 24, 2023
CINCINNATI — An Ohio federal judge has dismissed without prejudice a lawsuit targeting Boston Scientific Corp.’s Spectra SCS spinal cord stimulator system, allowing the plaintiff to replead her claims in an attempt to overcome the company’s preemption defense.
In a Jan. 23 order, Judge Sara Lioi of the U.S. District Court for the Northern District of Ohio explained that “without any allegations of some violated federal requirement,” the complaint cannot satisfy Rule 8’s notice pleading requirements.
Allison Tice underwent implantation of the Spectra SCS device on June 3, 2019. The device allegedly failed less than three months later, causing Tice …
- Nelson Mullins Riley & Scarborough
- Pelini Campbell & Williams