Failure-To-Warn, Design Defect Claims Preempted in Medtronic Infuse Case, Mo. Federal Judge Rules

ST. LOUIS — Claims of manufacturing/design defect, failure to warn and negligence brought against Medtronic in connection with its Infuse bone grafting device are federally preempted because they seek to impose state law requirements that are “different from, or in addition to” federal requirements, a Missouri federal judge has ruled.

On March 25, Judge Carol E. Jackson of the U.S. District Court for the Eastern District of Missouri also ruled that the claims of fraud and intentional misrepresentation claims are insufficiently pled, but granted the plaintiff leave to amend these counts.

Laura Blankenship underwent a cervical diskectomy and spinal fusion …