Fraud, Breach of Warranty Claims Dismissed in Missouri Medtronic Infuse Action

ST. LOUIS — A Missouri federal judge has dismissed fraudulent misrepresentation and breach of express warranty claims in a Medtronic Infuse Bone Graft device case, ruling that they were inadequately pled under Missouri law.

On Aug. 24, Judge Carol E. Jackson of the U.S. District Court for the Eastern District of Missouri found the plaintiff cannot establish that her surgeon reasonably relied on statements made by sales representatives regarding whether it was "appropriate" to use Infuse in an off-label manner.

Kathleen Arthur underwent an anterior cervical discectomy and fusion surgery (ACDF) on Dec. 1, 2008, during which her surgeon implanted …