Fraud Claims Escape Preemption In Medtronic Bone Graft Suit

Law360, New York (August 8, 2013, 8:31 PM EDT) -- A Minnesota state judge Wednesday dismissed an injured patient's lawsuit accusing Medtronic Inc. of illegally promoting its Infuse bone graft for off-label uses, though she found that fraud claims against the company are not preempted and can be repled.

Judge Laurie Miller tossed all but two of plaintiff Steven Lawrence's claims, ruling they are preempted by the Federal Food, Drug and Cosmetic Act. Lawrence was allegedly implanted with the Infuse device using a surgical procedure that Medtronic promoted but that the U.S. Food and Drug Administration...
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