State law claims against Medtronic Inc. for products liability and negligence concerning its Activa deep brain stimulation system are preempted by federal law because the device received premarket approval from the U.S. Food and Drug Administration, a federal judge in Camden, New Jersey, has ruled.
The judge in Millman v. Medtronic dismissed a suit against Medtronic by a man who suffers from Parkinson’s disease and has undergone surgery to implant the device in his chest four times because it has repeatedly malfunctioned.
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