Mo. Federal Judge Allows Fraud, Misrepresentation Claims to Proceed in Medtronic Infuse Case

ST. Louis — A Missouri federal judge has denied Medtronic Inc.’s motion to dismiss fraud and intentional misrepresentation claims asserted in connection with its Infuse Bone Graft device, ruling that they were pled with the requisite particularity.

On Aug. 4, Judge Carol E. Jackson of the U.S. District Court for the Eastern District of Missouri also denied Medtronic’s motion to strike certain exhibits, finding they support the plaintiff’s allegations that Medtronic's actions and practices were blatantly fraudulent.

Laura Blankenship underwent a cervical diskectomy and spinal fusion procedure in September 2007, during which her surgeon used the Infuse device in an …