Medtronic Ventricular Assist Device Proceeds in Mo. Federal Court
March 8, 2023
ST. LOUIS — A Missouri federal judge has refused to dismiss a negligence claim from an action targeting Medtronic Inc.’s allegedly defective HeartWare Ventricular Assist Device (HVAD), ruling the plaintiff stated a plausible claim for relief.
In a March 7 order, Judge Matthew T. Schelp of the U.S. District Court for the Eastern District of Missouri further found the negligence per se claim is not impliedly preempted because it does not “exist solely by virtue” of the Food, Drug and Cosmetic Act.
“Defendant concedes Plaintiff stated a claim for negligence (manufacturing defect) but asks the Court to opine on all …