Home Patients Sue FDA, Medtronic, and Boston Scientific Over Alleged Bypass of Regulatory Oversight for Spinal Cord Stimulators

Patients Sue FDA, Medtronic, and Boston Scientific Over Alleged Bypass of Regulatory Oversight for Spinal Cord Stimulators

May 13, 2025 12:00 CST Updated 12:00
Medtronic

Medical Device Manufacturer

According to "The Minnesota Star Tribune reported,In a lawsuit filed in Minnesota, patients accused Medtronic of continuously updating itsSpinal Cord Stimulation (SCS) systems bypassed the necessary regulatory approval procedures. Similar complaints have also been directed at Boston Scientific and its SCS system.

At the same timeThe lawsuit filed in the Minnesota federal court also accused the FDA of approving device changes through a "fast-track" process without requiring Medtronic or Boston Scientific to submit new clinical safety data.

The report said,The lawsuit points out that the FDA approved changes to the SCS device through the expedited approval pathway. However, these approvals did not require the two medical technology giants to provide new safety data supporting the changes. The lawsuit will...FDA, Medtronic, and Boston Scientific Listed as Co-Defendants

The patients (plaintiffs) stated that they experienced increased pain and electric shocks after the modification of the implantable devices.

  • Lawsuit Against Medtronic

Patients accuse Medtronic's SCS implants of being "substantially altered in safety and functionality." Despite the alleged changes, patients claim that neither they nor their doctors were informed about the updates.

Specific Details

In one of the three lawsuits filed by Cathryn Keys, a resident of Memphis, Tennessee, it was pointed out that after Medtronic received FDA approval for its Itrel II SCS system in 1984, it expanded the system's functionality by submitting over 400 Premarket Approval (PMA) supplement applications. The changes involved comprehensive updates in pulse generator hardware, leads, software, firmware, stimulation waveforms, battery chemistry, surgical implant tools, and labeling.

Keys had the Medtronic Intellis system implanted in 2019. Court documents show that Medtronic updated the system through the FDA's streamlined process (including the 30-day notice and real-time review pathway), which did not require new clinical trials.

However, the lawsuit pointed out that the FDA Medical Device Reporting (MDR) system and the MAUDE database show,The accident rate of the device implanted by Cathryn Keys is significant, including early hardware failure, lead displacement, battery depletion, and increased pain reported by patients.

The MAUDE database shows that from 2017 to 2022, this model had more than 2,700 cumulative adverse events, prominently including high-frequency charging failures, unexpected electric shocks, and stimulator displacement issues.
The lawsuit also accused Medtronic of failing to adequately disclose risks in labels, training materials, or risk mitigation strategies.
  • Litigation Against Boston Scientific

Patients allege that the safety and effectiveness of the modified system are impacted compared to the originally approved version.

Specific Details

Boston Scientific's lawsuit focuses on the SCS product line of the Precision system, which was launched in 2004, including the subsequently released Precision Plus, Precision Spectra, and Spectra.Models such as WaveWriter have added functions like multi-waveform stimulation, posture-adaptive programming, extended electrode arrays, Bluetooth programming, and battery architecture improvements.

Patients accuse Boston Scientific of "aggressive marketing" of upgraded models like the Spectra WaveWriter, claiming they offer better pain relief through innovative stimulation modes, but lack independent pre-market clinical trials to verify long-term safety and efficacy. Court documents reveal that Boston Scientific circumvented the rigorous review and clinical evaluation required for a new PMA application by splitting changes into "minor" updates and submitting them as PMA supplements.

The patient argued: "This regulatory strategy prevents doctors, patients, and the FDA from accessing the complete information needed to assess the true risks of modified devices, particularly in terms of neuro-safety, device longevity, stimulation safety, and autonomic complications. Due to this information concealment and regulatory manipulation, subsequent systems like the Spectra WaveWriter have entered the market and been widely implanted without sufficient scientific validation."

  • Medtronic and Boston Scientific Reaction

According to the "Star Tribune》reported that both companies believed the lawsuit lacked legal basis. Medtronic stated that it had not yet received any legal documents related to the three cases filed against it.

Industry lawyers argue that: Based on the "Preemption Doctrine" (a legal principle that bars injury claims against thoroughly researched medical devices),These complaints "cannot possibly succeed"