Negligence, Fraud Claims to Proceed in Medtronic Infuse Cases, Ariz. Federal Judge Rules

PHOENIX — Failure-to-warn, manufacturing defect and strict liability claims brought against Medtronic Inc. in connection with its Infuse bone grafting device are preempted because they seek to impose requirements that are “different from, or in addition to,” those required by federal law, an Arizona federal judge has ruled.

However, in a Feb. 7 opinion, Judge Susan R. Bolton of the U.S. District Court for the District of Arizona held that negligence, fraud and misrepresentation claims based on Medtronic’s alleged off-label promotion of the device are not preempted because they parallel the federal prohibition of off-label promotion and are rooted in …