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No Preemption: Medtronic Must Face Faulty Defibrillator Lead Charges

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An Indiana appeals court ruled that Medtronic Inc. is not allowed to use preemption to avoid a negligence lawsuit filed over a failed Transvene defibrillator lead.

The Court of Appeals of Indiana recently ruled against Medtronic’s bid for summary judgment. Medtronic had argued that federal preemption laws prohibited the negligence claim filed against it by the family of David Malander Sr., reported. Malander alleges that he received a Medtronic defibrillator and the Transvene lead in 1997 and that the defibrillator was upgraded in 2004. However, the lead was left in place despite nine cases of random short V-V intervals (false positive tests), reported.

According to the lawsuit, Dr. Lawrence Klein scheduled another surgery in 2006 to replace the defibrillator, but decided against replacing the Transvene lead after a Medtronic representative and two technical services reps told him not to be concerned about the short V-V intervals. Malander died a few weeks later, after an incident of ventricular tachycardia on December 31, 2006. Follow-up testing found 361 short V-V intervals of his defibrillator between December 14, 2006, and December 31, 2006, reported.

His family’s complaint against Medtronic alleges negligence resulting from advice Medtronic representatives gave prior to and during his surgery. The Court of Appeals ruled that since the Malanders’ claims involve negligence by Medtronic technicians for giving David’s physician faulty advice, the claim is not preempted, reported. disclaimer: This article: No Preemption: Medtronic Must Face Faulty Defibrillator Lead Charges was posted on Thursday, October 17th, 2013 at 4:30 pm at and is filed under Medical Device Lawsuits, Medical Malpractice Lawsuits.

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