Fraud Claims to Proceed Against Medtronic in Arizona Infuse Bone Grafting Case

PHOENIX — An Arizona federal judge has allowed state law claims accusing Medtronic Inc. of fraudulently concealing the risks associated with the off-label use of its Infuse bone grafting device to proceed, finding they lie parallel to federal requirements.

On Aug. 25, Judge David G. Campbell of the U.S. District Court for the District of Arizona also refused to dismiss a claim alleging Medtronic failed to warn the Food and Drug Administration of adverse events, finding it does not seek to impose state law requirements that are “different from, or in addition to,” those imposed by federal law.

However, the …