Mo. Federal Judge Refuses to Reconsider Dismissal of Merchandising Practices Act Claim in Infuse Case

ST. LOUIS — A Missouri federal judge has refused to reconsider her dismissal of a Missouri Merchandising Practices Act claim added to an amended complaint in a Medtronic Infuse action, explaining that the plaintiff was only permitted to amend her fraud claim.

In the Oct. 29 order, Judge Carole E. Jackson of the U.S. District Court for the Eastern District of Missouri noted that the had not requested leave to assert the new claim and had not shown good cause.

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