Failure-To-Warn, Design Defect Claims Preempted, Hawaii Judge Rules in Medtronic Infuse Case

HONOLULU — A Hawaii federal judge has dismissed claims of failure to warn and design defect in a Medtronic Infuse Bone Graft case, finding they are preempted because they seek to impose state-law requirements that are “different from, or in addition to” federal requirements.

On April 10, Judge J. Michael Seabright of the U.S. District Court for the District of Hawaii also found the plaintiff’s fraud claim is preempted to the extent that it is based on misrepresentations and omissions contained in the labeling of the Infuse device. However, the judge granted the plaintiff leave to replead her fraud …