Sons v. Medtronic Inc

Filing 36

MEMORANDUM RULING re 25 MOTION to Dismiss Supplemental Complaint MOTION to Dismiss For Failure to State a Claim Supplemental Complaint filed by Medtronic Inc, 8 MOTION to Dismiss Medtronic, Inc. filed by Medtronic Inc. As provided in the for egoing, the Court finds that :(1) plaintiff's claims against Medtronic regarding the Medtronic InSync Pacemaker, CapSure Fix Lead, Atain OTW Lead, and CapSure Fix Novus Lead are preempted b the FDA's pre-market approval of these Medtronic D evices; (2) plaintiff's negligence, strict liability and failure to instruct/train claims are prohibited by the exclusivity provisions of the LPLA and therefore fail to state a claim; and (3) plaintiff's failure to instruct claim must tail because Medtronic is not responsible for the manner in which these devices were implanted. The Court will therefore grant Medtronic, Inc.'s Motion to Dismiss Supplemental Complaint. Signed by Judge Richard T Haik, Sr on 1/14/13. (crt,Guidry, C)