La. Federal Judge Dismisses Medtronic Infuse Case, Finds LPLA Claims Inadequately Pled

SHREVEPORT, La. — A Louisiana federal judge has dismissed with prejudice a lawsuit accusing Medtronic Inc. of improperly encouraging doctors to use its Infuse Bone Grafting Device in an off-label manner, finding the plaintiff failed to support her allegations with facts.

On June 4, Judge Elizabeth Foote of the U.S. District Court for the Western District of Louisiana ruled that the plaintiff has not pled a state-law or redhibitory claim with sufficient factual information or clarity to determine whether the claims are federally preempted.

Peggy Jo Smith underwent two spinal surgeries in August 2011 during which her surgeon implanted …