Manufacturing Defect Claims Proceed Against Boston Scientific in Mo. ICD Case

ST. LOUIS — A Missouri federal judge has refused to dismiss manufacturing defect claims in an implantable cardioverter defibrillator (ICD) action, ruling they are not preempted to the extent they allege Boston Scientific Corp. violated state law by failing to manufacture the device in accordance with the FDA’s premarket approval requirements.

However, in the Sept. 20 order, Judge Catherine D. Perry of the U.S. District Court for the Eastern District of Missouri dismissed the claims for design defect and failure to warn as preempted by the Medical Device Amendments to the Food, Drug and Cosmetic Act.

In October 2020, Daniel …