Majority of Claims Survive Preemption in Medtronic Infuse Case, Ore. Federal Judge Rules

PORTLAND, Ore. — Failure-to-warn, fraud, negligence and warranty claims brought against Medtronic Inc. in connection with its off-label promotion of its Infuse bone grafting device are not preempted because they do not seek to impose device-specific duties different from, or in addition to, the manufacturer's duties under federal law, an Oregon federal magistrate judge has ruled.

However, in the Sept. 6, order, Magistrate Judge Paul Papak of the District of Oregon found the plaintiff’s design defect claim is preempted because it seeks to impose requirements in addition to those mandated by the Food and Drug Administration.

On March 11, Richard …