FDCA Preempts Suit Over Medtronic Pacemaker Death: Judge

Law360, New York (October 2, 2012, 9:37 PM EDT) -- A Florida federal judge on Thursday tossed a lawsuit brought against Medtronic Inc. by a woman whose daughter died after being implanted with one of the company's pacemakers, ruling her claims based on state law are preempted by federal medical device law.

U.S. District Judge Charlene Edwards Honeywell granted a dismissal motion from Medtronic, though she did allow plaintiff Peggy McClelland to amend her complaint to try to find the "narrow gap [that] exists for a plaintiff's state law claim if it is to avoid express...
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