Warning, Design Defect Claims Dismissed in Mich. Infuse Case, But Fraud Claim Survives

GRAND RAPIDS, Mich. — A Michigan federal judge has dismissed failure-to-warn, design defect and negligence claims, finding they are expressly or impliedly preempted because they seek to impose requirements that are “different from, or in addition to” federal regulations and/or solely allege “fraud on the FDA.”

In a Jan. 23 order, Judge Janet T. Neff of the U.S. District Court for the Western District of Michigan further held that the warranty claims were inadequately pled and should be dismissed. However, the judge allowed the plaintiff’s fraud claim to proceed, ruling that it is not preempted and adequately pled.

The Infuse …