Breach of Warranty Claim Dismissed in N.C. Bone Graft Product Action

STATESVILLE, N.C. — A North Carolina federal judge has dismissed a breach of warranty claim in an action in which a woman alleged she developed tuberculosis after being implanted with a bone grafting product, ruling that the defendants are protected from liability by the state’s Blood and Tissue Shield Statute.

In a May 3 order, Judge Kennet D. Bell of the U.S. District Court for the Western District of North Carolina ruled that the FiberCel Fiber Viable Bone Matrix falls within the statute’s ambit because it is processed human tissue; therefore defendants Azyio, Medtronic Sofamor Danek USA Inc. and SpinalGraft …