Del. Federal Judge Dismisses Medtronic Infuse Bone Grafting Lawsuit, Finds Claims Preempted

WILMINGTON, Del. — Claims accusing Medtronic Inc. of aggressively promoting its Infuse bone grafting device for off-label use while failing to warn of the risks are federally preempted and must therefore be dismissed, a Delaware federal judge has ruled.

On July 28, Judge Sue L. Robinson of the U.S. District Court for the District of Delaware explained that the plaintiff sought to impose requirements “different from, or in addition to” those imposed under federal law.

Eileen Scanlon was diagnosed with lumbar discogenic back pain and radiculopathy with severely collapsed and degenerative L5-S1 disk space. Upon her doctor’s recommendation, she underwent …