Ohio Federal Judge Retains Jurisdiction Over Infuse Off-Label Action Filed Against Hospital

COLUMBUS, Ohio — An Ohio federal judge has refused to remand a putative class action accusing a hospital of encouraging the off-label use of the Infuse bone-grafting device, ruling that federal jurisdiction exists under the Class Action Fairness Act because it is a case of national interest and requires interpretation of federal regulations.

In a Feb. 8 order, Judge Timothy Black of the U.S. District Court for the Southern District of Ohio added that the case is not a “local controversy” confined to Ohio, but rather a multi-state class action with a geographically diverse set of plaintiffs.

Middendorf is one …