Okla. Judge Dismisses Bone Grafting Device Suit Against Medtronic

OKLAHOMA CITY — An Oklahoma federal judge has dismissed an action filed against Medtronic Inc. (NYSE:MDT) in connection with its Infuse bone graft device, finding the claims of fraud, negligence, failure to warn and defective design are federally preempted.

On Feb. 6, Chief Judge Vicki Miles LaGrange of the U.S. District Court for the Western District of Oklahoma found the claims call for labeling changes that are “different than or in addition to” federal requirements and seek to enforce the Food, Drug and Cosmetic Act.

In August 2010, Patricia Caplinger underwent posterior lumbar interbody fusion surgery to correct a degenerative …