Medtronic Infuse Case Remanded to Florida State Court; Judge Finds Non-Diverse Sales Rep Properly Joined

TAMPA, Fla. — A Florida federal judge has remanded a case accusing Medtronic (NYSE: MDT) of improperly marketing its Infuse bone-grafting device for off-label uses, finding the plaintiffs have pled viable claims against the non-diverse sales representative defendant.

On Feb. 25, Judge Elizabeth A. Kovachevich of the U.S. District Court for the Middle District of Florida found the representative can be held strictly liable because he was a “retailer or distributor” and in the chain of distribution.

Florida citizens Dainora Maciene and Egidijus Macy sued Medtronic Inc. in the Sarasota County (Fla.) Circuit Court, accusing it of failing to …