Failure-To-Warn, Negligence Claims Not Preempted in Medtronic Infuse Case, Calif App. Court Rules

LOS ANGELES — A California appeals court has reversed dismissal of a claim accusing Medtronic of failing to provide certain warnings to the FDA in connection with its Infuse bone-grafting device, finding it is not preempted because it asserts a claim under “parallel” state law.

On Jan. 27, the California Court of Appeal, 2nd District, further ruled that the plaintiff’s negligence claim, which is also based on Medtronic’s alleged failure to warn the FDA, is not preempted because it is cognizable under California law.

John Coleman sued Medtronic Inc. and Medtronic Sofamor Danek USA Inc. in the Los Angeles …