Cline v. Advanced Neuromodulation Systems, Inc.

ORDER

AMY TOTENBERG, District Judge.

Before the Court is Defendant’s Motion to Dismiss [Doc. 65]. This case arises from the surgical implantation of a medical device and the injuries sustained from its failure and removal.1 For the reasons described below, Defendant’s Motion to Dismiss [Doc. 65] is GRANTED IN PART and DENIED IN PART.2

From the outset of its case, Plaintiff has endeavored to allege a tort claim based on the failure of her Eon Mini Model 3788 Spinal Cord Stimulator (“Model 3788”), a type of implantable pulse generator (“IPG”). However, such state law claims are generally preempted…