Infuse Bone Graft Claims Not Federally Preempted, Wis. Federal Judge Rules

MILWAUKEE — A lawsuit accusing Medtronic Inc. of illegally promoting the off-label use of its Infuse Bone Graft device is not expressly preempted because the plaintiff’s state-law claims are based on an alleged underlying violation of federal law, a Wisconsin federal judge has ruled.

In a Jan. 21 order, Judge Lynn Adelman of the U.S. District Court for the Eastern District of Wisconsin further held that the action is not impliedly preempted because none of the claims arise solely from a violation of federal law; rather, each arises from an independent duty owed under state law.

The Infuse device consists …