Claims Brought Against Stryker, Medtronic in Bone Grafting Device Case Not Preempted, Calif. Judge Rules

LOS ANGELES — Claims brought against Medtronic Inc. (NYSE:MDT) and Stryker Corp. (NYSE: SYK) in a bone grafting device case are not preempted under Riegel v. Medtronic Inc., a California state judge has ruled, finding a question of fact as to whether they violated federal law in promoting their devices for unapproved uses.

In a Sept. 11 ruling from the bench, Judge Terry A. Green of the Los Angeles County Superior Court also found issues of fact as to whether the devices’ warnings were adequate. A jury trial has been scheduled for Feb. 10.

April Cabana underwent lumbar back surgery, …