Misrepresentation, Fraud Claims in Medtronic Infuse Off-Label Cases Not Preempted, Tenn. Judge Rules

MEMPHIS, Tenn. — Misrepresentation and fraud claims asserted against Medtronic Inc. in connection with its Infuse Bone Graft device are not federally preempted because they do not seek to impose requirements that are “different from, or in addition to” those imposed under federal law, a Tennessee federal judge has ruled.

In an April 13 order, Judge John T. Fowlkes Jr. dismissed the claims, however, explaining that they were not pled with the requisite specificity. The judge also dismissed the breach of warranty claims, ruling that they are federally preempted as pled. However, he granted the plaintiffs leave to amend those …