Dianne Dawson v. Medtronic Inc et al

Filing 88

ORDER granting 80 MOTION to Dismiss Plaintiff's 78 Fourth Amended Complaint. Signed by Honorable Joseph F. Anderson, Jr on 01/06/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Dianne Dawson,

C/A No. 3:13-cv-00663-JFA

Plaintiff,
vs.
Medtronic, Inc.; Medtronic Sofamour Danek
USA, Inc.; Medtronic Vertelink, Inc.; Does 110, inclusive; Medtronic Sofamour Danek,
Inc.; and Warsaw Orthopedic, Inc.,

ORDER

Defendants.
In an order dated August 9, 2013, this court granted the defendants’ motion to dismiss,
holding that the Medical Device Amendments to the Federal Food, Drug and Cosmetic Act, 21
U.S.C. § 360k(a), preempted all of the plaintiff’s claims in this action. ECF No. 75. The court
allowed the plaintiff leave to file an amended complaint in an attempt to cure the deficiencies
identified by this court in its order of dismissal. Id.
On September 11, 2013, the plaintiff filed a 111-page Fourth Amendment Complaint for
Damages. ECF No. 78. The defendants timely moved to dismiss the complaint under Federal
Rule of Civil Procedure 12(b)(6), ECF No. 80, and the parties now have briefed the issues fully.
ECF Nos. 84, 85, 87.
After carefully studying the allegations of the Fourth Amended Complaint, the positions
of the parties as advanced in their briefs, and the applicable law, the court is constrained to
conclude that the Fourth Amended Complaint suffers from the same deficiencies identified in
this court’s order of August 9, 2013. See ECF No. 75. No good purpose would be served by
repeating the court’s analysis here. See id.

For the foregoing reasons, this court grants the motion and hereby dismisses with
prejudice the plaintiff’s Fourth Amended Complaint for Damages. The court directs the Clerk of
Court to close this file.
IT IS SO ORDERED.

January 6, 2014,
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge