Checking Out The B-Side

Search for Medtronic on this blog and you're going to find preemption cases. Lots of preemption cases. Mostly preemption victories for the defense. An overwhelming body of preemption law has been made by Medtronic. They've certainly led the charge. So, if we say today's post is a Medtronic case about a spinal implant, you're likely thinking more preemption. While that wouldn't be a bad thing, even here at the DDL blog we can get a little tired of beating the preemption drum (don't let Bexis know). Everyone once and a while we like to sing a different tune.

After all, if you never flipped over to the B-side, you may have missed some really good music. We'll now pause to explain B-sides to the iPod generation who may be completely unfamiliar with the old 45-rpm single. The single was meant to showcase an album's prospective hit on its A-side with an additional song on the B-side. The B-sides were typically throw away tracks. But sometimes, an equally good, and some may argue better, song could be found by flipping the single over. For example, 'I Am the Walrus' was on the B-side of the Beatles 'Hello Goodbye' (that was a John v. Paul thing). Pearl Jam's 'Yellow Ledbetter' was the B-side of 'Jeremy' until radio DJs made it a hit on its own. U2 originally only released 'The Sweetest Thing' as the B-side to 'Where the Streets Have No Name.' And, perhaps one of the best songs of all time (says this blogger and Sir Paul McCartney) - 'God Only Knows' was a B-side. To be fair it was the B-side to the Beach Boys 'Wouldn't It Be Nice?' so isn't that really like two A-sides?

In the case we're bringing you today, Medtronic had previously won a motion to dismiss plaintiff's fraud and consumer protection claims on the grounds of preemption (among other reasons). See our post here. So, you've already heard the A-side. But following that decision, plaintiff's design defect and manufacturing defect claims under the Louisiana Products Liability Act (LPLA) remained. So Medtronic moved for summary judgement. As to design defect, plaintiff had to concede that it had no evidence of an alternative design, so that claim was dismissed with prejudice. See Lyles v. Medtronic Sofamor Danek, USA, 2016 U.S. Dist. LEXIS 38550, at *15 (W.D.La. Mar. 23, 2016). On manufacturing defect, plaintiff alleged res ipsa loquitur welcome to the B-side of this record. The district court granted summary judgment. See id. at *21-23. Plaintiff appealed. But the Fifth Circuit said the...