MASSDEVICE ON CALL — Medtech titan Medtronic (NYSE:MDT) is treading a tough road in seeking Supreme Court review in a lawsuit accusing the company of liability for injuries a patient says were caused by the company’s implantable pain pumps.
The U.S. Solicitor General this month recommended that the Supreme Court refuse Medtronic’s petition for review, saying that a lower court had made the right call when ruling that the lawsuit is not preempted under existing federal law, Law360.com reported.
Medtronic had attempted to have the case thrown out under federal preemption laws, which protect medical device makers whose devices were reviewed and approved through the FDA’s stringent pre-market approval pathway. The 9th Circuit Court of Appeals in January 2013 ruled against Medtronic, with a panel of judges ruling unanimously that a case against the medical device giant and its implantable pain pumps may proceed.
The case had been thrown out of court earlier that year when a federal judge dismissed the case of grounds of preemption. The 9th Circuit’s 3-judge panel later decided that plaintiff Richard Stengel, who had the pump implanted into his abdomen in 2000, could proceed with his negligence claims against Medtronic.
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