Abbott, St. Jude Prevail in Ky. Implantable Defibrillator Case on Preemption Grounds




LOUISVILLE, Ky. — A Kentucky federal judge has dismissed a lawsuit in which a man alleges injuries by an allegedly defective implantable cardioverter defibrillator manufactured by Abbott Laboratories Inc. and St. Jude Medical, ruling that the state law claims are preempted.

In a Sept. 20 order, Judge Rebecca G. Jennings of the U.S. District Court for the Western District of Kentucky found the claims seek to impose requirements that are not parallel to state law regulations and are therefore impermissible.

Nathan Jackson was implanted with the Gallant Implantable Cardioverter Defibrillator (ICD) — a Class III device — on Aug. 4, …

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