Failure-To-Warn, Negligence Claims to Proceed Against Medtronic in Nevada Infuse Action

RENO, Nev. — Failure-to-warn and negligent marketing claims asserted against Medtronic in connection with its Infuse bone grafting device are not federally preempted because they allege conduct violating state law that parallels federal requirements.

However, in the March 2 order, Judge Andrew P. Gordon of the U.S. District Court for the District of Nevada dismissed the manufacturing defect claim with prejudice, finding the plaintiff failed to explain how the manufacturing process for his device differed from the FDA-approved process.

In October 2006, Nevada resident Brett Scovil underwent a spinal fusion procedure during which his surgeon used the Infuse Bone Graft …