STORY FROM: Drugs & Medical Devices

Ariz. Federal Judge Dismisses Medtronic Spinal Fusion Device Case

PHOENIX — An Arizona federal judge has dismissed a case in which a woman says she was injured by the faulty design of Medtronic’s spinal fusion device, ruling that the claims of design and manufacturing defects were inadequately pled.

In an Aug. 14 order, Judge Steven P. Logan of the U.S. District Court for the District of Arizona further found that the failure-to-warn claim fails because the device’s 2009 label contained the exact warning that the plaintiff alleged was missing from the label.

And the judge further found that the plaintiff cannot plausibly argue that Medtronic is liable for misbranding ...

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Lewis Roca Rothgerber Christie
Pepper Hamilton
Reed Smith

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