Texas Federal Judge Dismisses Voluminous Complaint in Medtronic Infuse Case; Allows Plaintiff to Amend

AUSTIN, Texas — A Texas federal judge has dismissed a voluminous complaint accusing Medtronic of encouraging physicians to use the Infuse Device in an off-label manner, finding the pleading does not present “a short and plain statement of the claim.”

On March 20, Judge Sam Sparks of the U.S. District Court for the Western District of Texas allowed the plaintiff to amend his complaint, advising that it should state a plausible claim upon which relief can be granted.

Reynaldo Muniz Jr. sued Medtronic and Medtronic Sofamor Danek USA Inc., alleging that the Infuse Bone Graft/LT-CAGE Lumbar Tapered Fusion Device, which …