Mich. Federal Judge Dismisses Infuse Bone Graft Lawsuit on Basis of Preemption, Insufficient Pleading

GRAND RAPIDS, Mich. — A Michigan federal judge has dismissed a complaint against Medtronic involving its Infuse Bone Graft device, finding that certain of the claims are expressly preempted because they seek to impose requirements that are “different from, or in addition to” federal regulations.

On Jan. 23, Judge Janet T. Neff of the U.S. District Court for the Western District of Michigan further held that some of the claims are impliedly preempted because they constitute “fraud on the FDA” claims. In addition, the judge found the plaintiff did not adequately plead his breach of express warranty claim.

The Infuse …