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# Court Finds Boston Scientific Case Preempted
- URL: https://www.fdaweb.com/court-finds-boston-scientific-case-preempted/
- Published: 2016-02-03T12:00:00.000Z
- Updated: 2026-09-15T02:33:05.000Z
- Author: David McFarland
- Tags: Devices, #legacy-id-D5134670

> An Oklahoma federal court ruled 1/28 that a suit against Boston Scientific over a Class 3 spinal cord stimulator was expressly preempted under provisions of the Medical Device Amendments of 1976\. Attorney **Michelle Yeary** (Dechert) writes in an online [post](http://druganddevicelaw.blogspot.com/2016/02/first-complete-pma-preemption-win-of.html?ref=fdaweb.com) that the court found that the plaintiff’s allegations were “devoid of any factual support” for the contention that the company “violated in unspecified ways” various federal requirements. Yeary says there was nothing specific in any of the plaintiff’s allegations and no citation to specific facts or to specific device-related requirements.  
>  
> Although the plaintiff claimed that she could not provide more specific information without formal discovery, the court did not find that argument persuasive, the post says, because the plaintiff didn’t even attempt to allege a violation of a regulation that would support a future parallel claim.  
>  
> “The court finds plaintiff’s allegations that defendant was required to follow nonspecific federal regulations and current good manufacturing practice requirements, which are applicable to all manufacturers of all medical devices, are insufficient to state a plausible parallel claim upon which relief can be granted,” the decision said.