Medtronic Denied Summary Judgment on Fraud Claim in Mich. Spinal Stimulator Case

DETROIT — A Michigan federal judge has denied Medtronic Inc. summary judgment in a case accusing it of fraudulently misrepresenting the safety of a spinal cord stimulator to a patient with known latex and rubber allergies, finding an issue of fact as to causation.

In a Nov. 13 order, Judge Nancy Edmunds of the U.S. District Court for the Southern District of Michigan said that while the plaintiff did not present expert testimony as to whether the device caused her allergic reaction, testimony from her treating doctors defeated Medtronic’s motion.

Janet Canary sustained serious spinal injuries in a February 2008 …