Plaintiffs in Medtronic Infuse Case May Amend Complaint to Plead Discovery Rule, Calif. Federal Judge Rules

SAN DIEGO — A California federal judge has allowed the plaintiffs in an Infuse Bone Grafting Device action to amend their complaint to specify how Medtronic prevented them from discovering their injuries earlier, thereby tolling the statute of limitations.

In a May 7 order, Judge Cynthia Bashant of the U.S. District Court for the Southern District of California explained that the plaintiffs must "specifically plead facts to show the time and manner of discovery and the inability to have made earlier discovery despite reasonable diligence."

Jeffrey Chione underwent three back surgeries in 2007 and 2008, during which his surgeon, Dr. …