Goldman Ismail Secures Dismissal of All Claims Against Medtronic in California SynchroMed Case
On July 26, after hearing oral argument, a California state court in San Diego County granted Medtronic’s motion for summary adjudication and dismissed all of Plaintiff’s claims against Medtronic. Plaintiff had alleged that Medtronic’s premarket-approved SynchroMed® II pump malfunctioned due to a purported manufacturing defect, causing him injury. Following nearly a year of fact discovery, however, the Court held that Plaintiff’s claims against Medtronic were expressly preempted under 21 U.S.C. § 360k(a) because the undisputed evidence showed his pump was designed, manufactured, and distributed in compliance with all FDA-approved specifications.
The Court’s ruling resulted in a complete victory for Medtronic. Representing Medtronic from Goldman Ismail were Joe Tomaselli, Rami Fakhouri, and Mike Casner.