Strict Liability, Failure-To-Warn Claims Preempted in Infuse Bone Graft Device Case, Texas Federal Judge Rules

GALVESTON, Texas — Claims of strict liability, implied warranty, and negligent failure to warn asserted in an Infuse Bone Graft device case are federally preempted because they require Medtronic Inc. to enhance warnings that were already approved by the Food and Drug Administration, a Texas federal judge has ruled.

However, in the March 24 order, Judge Gregg Costa of the U.S. District Court for the Southern District of Texas found the plaintiffs’ remaining claims of negligence, breach of express warranty, fraud and violation of Texas consumer protection laws escape preemption because they seek to impose state law requirements that are …