La. Federal Judge Dismisses Tandem Insulin Pump Lawsuit as Preempted
March 8, 2023
LAKE CHARLES, La. — A Louisiana federal judge has dismissed a lawsuit in which a man alleges his wife’s death was caused by a defective “reconditioned” insulin pump manufactured by Tandem Diabetes Care Inc., ruling the claims are preempted because they are not based upon state laws that parallel federal requirements.
In a March 7 order, Judge James D. Cain Jr. of the U.S. District Court for the Western District of Louisiana further found the claims fail because the plaintiff did not point to an alternative design and failed to allege how the device deviated from Tandem’s specifications or performance …