Claims Alleging Injury from Medtronic’s Promotion of Off-Label Uses are Not Preempted, Ariz. Judge Reiterates

PHOENIX — An Arizona federal judge has refused to reconsider his ruling that 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.

In an Oct. 24 order, Judge G. Murray Snow of the U.S. District Court for the District of Arizona clarified that a plaintiff cannot bring a claim that rests solely on the non-disclosure to patients of facts tied to the scope of Pre-Market Approval. Here, however, the plaintiff’s claim is based on real physical injury to herself and the further assertion …