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Caplinger v. Medtronic, et al
Case Number:
13-6061
Court:
Nature of Suit:
Companies
Sectors & Industries:
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September 17, 2015
Medtronic Infuse Injury Plaintiff Takes Appeal To Top Court
A spinal patient has asked the U.S. Supreme Court to review a Tenth Circuit ruling that her injury claims over Medtronic Inc.'s Infuse bone graft device are pre-empted despite them involving off-label uses not approved by the U.S. Food and Drug Administration, saying the decision created a circuit split.
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May 15, 2015
Full 10th Circ. Won't Rehear Medtronic Infuse Injury Suit
The Tenth Circuit on Thursday refused to rehear a spinal patient's appeal in her case over Medtronic Inc.'s Infuse bone graft device, in which she argued that the appeals panel wrongly ruled that Medtronic was immune from her injury claims even though the device was used in an off-label manner.
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April 22, 2015
Medtronic Win In 10th Circ. A Break For Device Cos.
The Tenth Circuit decision rejecting off-label marketing claims over Medtronic Inc.'s Infuse bone graft device cements the notion that medical devices are generally immune to injury claims if they have weathered federal regulators' pre-market approval process, a finding that helps defendants get such suits dismissed earlier in the litigation before the expensive discovery stage.
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April 21, 2015
Medtronic Wins 10th Circ. Battle Against Infuse Injury Suit
The Tenth Circuit on Tuesday rejected a plaintiff's arguments that her injury claims over Medtronic Inc.'s Infuse bone graft device are not preempted because they involved off-label uses not approved by the U.S. Food and Drug Administration, marking a defense win in the first federal appellate ruling in the Infuse litigation.
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June 02, 2014
Medtronic Says US Has It Wrong On Device Claim Preemption
Medtronic Inc. on Friday criticized the U.S. Solicitor General's recent arguments to the U.S. Supreme Court about which claims are preempted by the federal oversight of certain medical devices, arguing he was wrong to opine that federal requirements need to be related to state claims in order to preempt them.
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February 10, 2014
Medtronic Tells 10th Circ. Bone Device Suit Is Preempted
The Tenth Circuit should affirm a dismissal of a failure-to-warn suit against Medtronic Inc. by a patient claiming the device maker promoted its bone fusion product for off-label uses because those claims are preempted by the Federal Food, Drug and Cosmetic Act, Medtronic told the court recently.