Missouri High Court Denies Medtronic’s Petition Challenging Preemption Ruling in Infuse Case

ST. LOUIS — The Missouri Supreme Court has denied Medtronic Inc.’s petition challenging a trial court’s ruling that claims accusing it of fraudulently promoting its Infuse Bone Graft device for off-label uses are not preempted.

The high court denied the petition on May 26 in a one-page order.

The Infuse device consists of a collagen carrier sponge (BMP/Sponge) soaked with liquid protein rhBMP-2, known as the “Infuse Bone Graft Component” and a metallic cage known as the “LT-Cage.” The Food and Drug Administration approved the Class III Infuse device only for use in a single-level fusion in the L4-S1 …