Marmol v. St. Jude Medical Center

132 F. Supp. 3d 1359, 2015 U.S. Dist. LEXIS 128517, 2015 WL 5664890
CourtDistrict Court, M.D. Florida
DecidedSeptember 24, 2015
DocketCase No. 8:15-cv-1276-T-30TGW
StatusPublished
Cited by8 cases

This text of 132 F. Supp. 3d 1359 (Marmol v. St. Jude Medical Center) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marmol v. St. Jude Medical Center, 132 F. Supp. 3d 1359, 2015 U.S. Dist. LEXIS 128517, 2015 WL 5664890 (M.D. Fla. 2015).

Opinion

ORDER

JAMES S. MOODY, JR., District Judge.

THIS CAUSE comes before the Court upon Defendants’ Motion to Dismiss First Amended Complaint (Doc. 10), Plaintiffs response in opposition (Doc. 12), and Defendants’ reply (Doc. 15).1 The Court, having reviewed the motion, response, and reply, and being otherwise fully advised in the premises, concludes that Defendants’ motion should be granted because Florida does not recognize private causes of action, like the products liability claims brought by Plaintiff, for violations of the Food and Drug Administration’s (“FDA”) regulations. Plaintiff also has no remedy under federal law because the Medical Device Amendments Act of 1976 precludes Plaintiff from asserting a private cause of action to enforce violations of the Act. While Plaintiff can petition the FDA to enforce its regulations, in Florida, Plaintiff currently lacks a judicial remedy to compensate him for the injuries he has sustained.

BACKGROUND

Plaintiff commenced this products liability action against Defendants for injuries allegedly caused by defects in a model 1582 Riata lead2 that was implanted in Plaintiff on January 5, 2009.3 Defendants developed and manufactured the Riata lead, which is a Class III medical device approved by the FDA’s premarket approval (“PMA”) process. Plaintiff alleges that he began to sustain electrical shocks from his defibrillator unrelated to his condition in April 2012 and that he was thereafter informed by his doctor that his Riata lead had been recalled by the FDA due to failures associated with the lead insulation which could cause the leads to become externalized.4 Although Plaintiff under[1362]*1362went surgery to have the Riata lead removed and replaced, his surgeon was unable to extract the Riata lead.

Plaintiff alleges that his Riata lead was defective in that it suffered from extrusion of the conductor, compromised lead insulation, increased lead impedance, and electrical abnormalities because Defendants failed to (1) manufacture the internal conductors at sizes consistent with specifications, (2) manufacture the leads with uniform insulation diameters, (3) comply with the approved methods and specifications for curing and sterilization of the leads, (4) process the leads in the appropriate solution consistent with federal specifications, and (5) properly crimp the leads.. Plaintiff alleges that each of these manufacturing defects was inconsistent with Defendants’ obligations under FDA regulations, the PMA documents, or both. As a result of Defendants’ noncompliance with federal specifications, the Riata leads were subject to abrasion of the insulation surrounding the leads’ cables or conductors, which can cause the cables to protrude through the insulation and the leads to short producing unnecessary shocks and preventing the lead from properly communicating with the attached implantable cardiac defibrillator.

Accordingly, Plaintiff asserts claims under Florida law for (1) strict liability manufacturing defect, (2) negligent manufacturing defect, and (3) failure to warn. Defendants move to dismiss Plaintiffs complaint under Federal Rule of Civil Procedure 12(b)(6), raising numerous arguments, including that Plaintiffs complaint is inadequately pled and that the Medical Device Amendments of 1976 (“MDA”) and Florida law preclude Plaintiffs claims.

STANDARD OF REVIEW

Pursuant to Federal Rule of Civil Procedure 12(b)(6), a complaint may be dismissed for failure to state a claim upon which relief can be granted. In considering a motion to dismiss under Rule 12(b)(6), a court must accept the factual allegations of the complaint as true and evaluate all inferences derived from those facts in the light most favorable to the plaintiff. See Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007). Conclusory allegations, unwarranted factual deductions, or legal conclusions masquerading as facts, however, are not entitled to the assumption of truth. See Ashcroft v. Iqbal, 556 U.S. 662, 679, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009); Davila v. Delta Air Lines, Inc., 326 F.3d 1183, 1185 (11th Cir.2003).

LEGAL FRAMEWORK

A. The Medical Device Amendments of 1976

Currently, medical devices are regulated by the Food, Drug, and Cosmetic Act (“FDCA”), 21 U.S.C. §§ 301-399Í. States were once provided discretion to supervise new medical devices. See Stokes v. I-Flow Corp., No. 6:12-cv-991-Orl-36DAB, 2013 WL 1715427, at *2 (M.D.Fla. Apr. 8, 2013). In 1976, however, Congress enacted the MDA, 21 U.S.C. § 360c, which amended the FDCA and “swept back some state obligations and imposed a regime of detailed federal oversight” for medical devices. Riegel v. Medtronic, Inc., 552 U.S. 312, 316, 128 S.Ct. 999, 169 L.Ed.2d 892 (2008).

Under the MDA, medical devices are divided into three classes based on the level of risk they pose to the public. See [1363]*1363id. at 316, 128 S.Ct. 999; 21 U.S.C. § 360c(a). The degree of federal oversight depends on the class in which a given device falls. See Riegel, 552 U.S. at 316-17, 128 S.Ct. 999. The strictest regulations are imposed upon devices categorized as Class III, which include devices that support or sustain human life or present a potential unreasonable risk of illness or injury, such as replacement heart valves, implanted eerebella stimulators, and pacemaker pulse generators. Id. at 317, 128 S.Ct. 999 (citing 21 U.S.C. § 360c(a)(1)(C)).

All Class III devices undergo the FDA’s “rigorous” PMA process. Id. (citing Medtronic, Inc. v. Lohr, 518 U.S. 470, 477, 116 S.Ct. 2240, 135 L.Ed.2d 700 (1996)). The FDA grants PMA only if there is a “reasonable assurance” of the device’s “safety and effectiveness.” 21 U.S.C. § 360e(d)(l)(A). After the FDA grants PMA, manufacturers may not change design specifications, manufacturing processes, labeling, or any other attribute that would affect safety or effectiveness without the FDA’s permission. Riegel, 552 U.S. at 319, 128 S.Ct. 999 (citing 21 U.S.C. § 360e(d)(6)(A)(i)).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
S.D. Florida, 2026
Wilhite v. Medtronic Inc
N.D. Alabama, 2024
Mokris v. United States
M.D. Florida, 2021
Markland v. Insys Therapeutics, Inc.
270 F. Supp. 3d 1318 (M.D. Florida, 2017)
Wolicki-Gables v. Doctors Same Day Surgery Center, Ltd.
216 So. 3d 665 (District Court of Appeal of Florida, 2017)
Mink v. Smith & Nephew, Inc.
169 F. Supp. 3d 1321 (S.D. Florida, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
132 F. Supp. 3d 1359, 2015 U.S. Dist. LEXIS 128517, 2015 WL 5664890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marmol-v-st-jude-medical-center-flmd-2015.