Hawaii Federal Judge Allows Fraud, Failure-to-Warn Claims to Proceed in Medtronic Infuse Case

HONOLULU — A Hawaii federal judge has refused to dismiss claims that Medtronic made fraudulent misrepresentations to doctors in order to induce them to use the Infuse Bone Graft Device in an off-label manner, finding they were pled with the requisite particularity.

In a Jan. 9 order, Judge J. Michael Seabright of the U.S. District Court for the District of Hawaii also refused to dismiss the claims of breach of express warranty and failure to warn the Food and Drug Administration of adverse events, finding they are not preempted and adequately pled.

Karla Beavers-Gabriel sued Medtronic Inc. and …