Claims Accusing Medtronic of Promoting Off-Label Use of Infuse Not Preempted, Ariz. Federal Judge Rules

PHOENIX — State law claims accusing Medtronic of improperly promoting the off-label use of its bone graft device are not preempted because they stand independently of federal regulations, an Arizona federal judge has ruled.

In an Aug. 21 order, Judge G. Murray Snow of the U.S. District Court for the District of Arizona explained that when the device is not being used in an FDA-approved manner and the manufacturer is actually promoting such use, there is no law or policy basis on which to preempt the application of state law designed to provide that protection.

On March 2, 2009, …