Medtronic Prevails in Ala. Federal Defibrillator Action on Preemption Grounds




BIRMINGHAM, Ala. — An Alabama federal magistrate judge has dismissed a lawsuit alleging that Medtronic’s defibrillator was defective and caused the death of a woman when it stopped working, ruling the claims are preempted by the Medical Device Amendments to the Food, Drug and Cosmetic Act.

In a March 6 order, Judge Staci G. Cornelius found the plaintiff sought to impose state law requirements on Medtronic that are “different from, or in addition to,” the federal requirements imposed by the Food and Drug Administration.

Linda Wilder was implanted with Medtronic’s Evera XT DR Defibrillator and died on April 5, 2021. …






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