Failure-To-Warn, Defect Claims Preempted in Medtronic Infuse Bone Grafting Device Lawsuit

SPRINGFIELD, Mo. — Failure-to-warn and manufacturing/design defect claims asserted against Medtronic in connection with its Infuse Bone Graft/LT Cage Lumbar Tapered Fusion Device are preempted because they sought to impose requirements that are “different from, or in addition to” federal regulations, a Missouri federal judge has ruled.

On Aug. 6, Judge Brian C. Wimes of the U.S. District Court for the Western District of Missouri further held that the plaintiff’s negligence claims were preempted. However, the judge allowed the plaintiff to proceed with his claim alleging violations of the Missouri Merchandising Practices Act, finding it was not preempted and was …