Failure-To-Warn, Defective Design Claims in Medtronic Infuse Case Preempted, Mo. Federal Judge Rules

ST. LOUIS — Claims of failure to warn, defective design, negligence and breach of express warranty brought against Medtronic Inc. in connection with its Infuse bone grafting device are preempted by federal law because they seek to impose state law requirements “different from, or in addition to” federal regulations, a Missouri federal judge has ruled.

However, in an Aug. 11 order, Judge Carol E. Jackson of the U.S. District Court for the Eastern District of Missouri held that the plaintiff’s claims of fraud and breach of implied warranty are not preempted, although they are inadequately pled. The judge granted the …