10th Circuit Sides With Medtronic in Infuse Bone Graft Lawsuit, Says Claims Preempted

DENVER — Claims of fraud, negligence, failure to warn and negligent design asserted against Medtronic Inc. in connection with its Infuse bone graft device are federally preempted because the plaintiff has failed to identify any federal requirement that might parallel and thus permit her claims, the 10th Circuit U.S. Court of Appeals has ruled.

In an April 21 opinion, a panel majority, led by Judge Neil M. Gorsuch, further found the plaintiff’s claims of illegal off-label promotion do not survive preemption because the Medical Device Amendments do not distinguish between actions addressing on- and off-label uses.

Patricia Caplinger underwent posterior …