STORY FROM: Drugs & Medical Devices

Va. Federal Judge Remands Medtronic Infuse Case for Lack of Disputed Substantial Federal Issue

ALEXANDRIA, Va. — A Virginia federal judge has remanded a Medtronic Infuse case, ruling that it presents no disputed substantial federal issue under Gunn v. Minton and therefore creates no substantial federal question jurisdiction.

On Dec. 29, Judge James C. Cacheris of the U.S. District Court for the Eastern District of Virginia further held that accepting federal jurisdiction over the action would upset the balance between state and federal responsibilities.

Scott Carmine underwent spinal fusion surgery on Feb. 29, 2012, during which his surgeon, Dr. Glen Poffenbarger, used Medtronic’s Infuse to facilitate bone growth.

Infuse includes two components. The ...

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