Medtronic Can't Duck Injury Suit Over Bone Graft Device

Law360, Los Angeles (August 23, 2013, 9:56 PM EDT) -- An Arizona federal judge Wednesday rejected Medtronic Inc.'s arguments that federal law preempted a personal injury lawsuit involving claims that the company promoted off-label use of its bone graft substitute, while also trimming claims of negligence and harm.

U.S. District Judge G. Murray Snow granted in part and denied in part Medtronic's motion to dismiss Cristina Ramirez's lawsuit saying she has suffered from back pain since undergoing a lumbar fusion procedure involving the company's Infuse bone graft substitute. Medtronic sought to have the complaint dismissed in full on the grounds all of Ramirez's claims are preempted by the Medical Device Amendments...

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