Blackwell Burke P.A. Wins Summary Judgment for Medtronic

Blackwell Burke P.A. won summary judgment for Medtronic, Inc., one of the world’s leading medical device companies, in the first of 44 cases pending in Minnesota state court. Plaintiff alleged that her Virtuoso implantable cardioverter defibrillator (ICD) was defectively manufactured and failed prematurely. The court agreed with Blackwell Burke that Plaintiff’s ICD was manufactured within federally approved requirements, and all of Plaintiff’s claims are preempted by federal law.  This case was designated by the parties as a bellwether to test Medtronic’s preemption defense.  43 other similar cases are pending.