Ariz. Federal Judge Dismisses Infuse Bone Graft Lawsuit For Failure to Comply With Rule 8(a)

PHOENIX — An Arizona federal judge has dismissed with prejudice a second amended complaint in a Medtronic Infuse Bone Graft lawsuit, finding the plaintiffs failed to plead their fraud-based claims with the requisite particularity as instructed by the court.

On April 1, Judge H. Russel Holland of the U.S. District Court for the District of Arizona held that the voluminous complaint did not focus on the factual allegations that were pertinent to the plaintiff’s spinal fusion surgery.

In July 2010, Debra Martin underwent a posterolateral lumbar fusion, during which her surgeon, Dr. Yadship Pannu, used components of an Infuse Bone …