Mo. Federal Judge Remands Medtronic Infuse Off-Label Case to State Court

ST. LOUIS — A Missouri federal judge has remanded a Medtronic Infuse Bone Graft case to state court, finding the plaintiffs’ claims do not raise substantial issues of federal law because Congress preserved parallel state law claims in the Medical Device Amendments to the Food, Drug and Cosmetic Act.

On April 24, Senior Judge E. Richard Webber of the U.S. District Court for the Eastern District of Missouri also rejected Medtronic’s assertion that the one nondiverse plaintiff was fraudulently joined, noting that her claims involve the same product and the same alleged illegal marketing scheme as those of the diverse …