Medtronic Fails To Beat Bone Device Claims On Preemption

Law360, New York (August 22, 2012, 6:41 PM EDT) -- Medtronic Inc. cannot escape a woman's allegations that she was injured by its bone graft device on preemption grounds because she claims the company violated federal law by pushing its product for off-label use, a California judge ruled Monday.

Judge Michael Linfield denied a motion for summary judgment from Medtronic and a subsidiary in a tentative ruling on Friday, then finalized the ruling on Monday, according to counsel for plaintiff April Christine Cabana. Stryker Corp., Cabana's doctor and a California hospital are also named as defendants...
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