(CN) – The 9th Circuit on Thursday granted an en banc rehearing to determine whether federal law pre-empts claims over a Medtronic pain pump that left a patient paralyzed.
Richard and Mary Lou Stengel filed a complaint against Medtronic in Arizona state court after Richard was left permanently paraplegic from an inflammation that developed at the tip of his surgically implanted SynchroMed EL Pump and intrathecal catheter, manufactured by Medtronic.
The pump infuses pain prescription medication through a catheter into the spine.
After Medtronic removed the case to federal court, U.S. District Judge Raner Collins found federal law pre-empted each of the Stengels’ four generic claims.
A three-judge panel in San Francisco affirmed in April.
Since the court agreed to grant a rehearing en banc, that decision can no longer be cited as precedent.
Judges Kim Wardlaw, Carlos Murguia and Andrew Hurwitz did not participate in the deliberations or vote as to the rehearing.