Somatics Must Face Negligence Claim in Shock Device Memory Loss Case

TAMPA, Fla. — A Florida federal judge has denied Somatics LLC summary judgment on a negligence claim in a lawsuit alleging that its electroshock therapy device causes permanent memory loss and brain damage, to the extent it does not rely solely upon the company’s alleged failure to comply with FDCA requirements.

However, in the May 5 order, Judge Tom Barber of the U.S. District Court for the Middle District of Florida awarded Somatics summary judgment on the remainder of the negligence claim, ruling it is impliedly preempted. The judge also found in favor of the company on the claims for …