9th Cir. Upholds Dismissal of Design Defect, Negligence Claims in Medtronic Infuse Case

SAN FRANCISCO — Design defect and negligence claims asserted against Medtronic in connection with its Infuse Bone Graft are preempted because the plaintiff failed to plead a violation of a state law which parallels federal regulations, a federal appellate court has affirmed.

However, in the Aug. 16 ruling, the 9th Circuit U.S. Court of Appeals reinstated the case to allow the plaintiff to assert a misbranding claim, explaining it would not be preempted because federal law allows manufacturers to update labeling in accordance with new intended uses of approved devices.

In October 2010, Kathryn Jones underwent three spinal fusion surgeries …