Claims Against Medtronic in INFUSE Bone Graft Case Not Preempted, Ill. State Judge Rules

CHICAGO — An Illinois state judge denied Medtronic Inc.’s (NYSE: MDT) motion to dismiss a suit accusing it of the off-label promotion of its INFUSE Bone Graft device, ruling that the plaintiff’s state law claims are not preempted because they are parallel to federal requirements.

On July 18, Judge Eileen M. Brewer of the Cook County (Ill.) Circuit Court further ruled that medical device makers are not shielded from liability protection “where the patient was hurt by the manufacturer’s violation of federal law.” In this case, the device was not federally approved for use in posterior cervical spine surgery, the …