Medtronic Tells 10th Circ. Bone Device Suit Is Preempted

Law360, New York (February 10, 2014, 9:01 PM EST) -- 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.

Oklahoma federal Judge Vicki Miles-LaGrange was correct to find that Section 360k (a) of the act — which the U.S. Supreme Court has found shields medical device makers if they have complied with federal law — preempts plaintiff Patricia Caplinger's claims, Andrew E. Tauber of Mayer Brown LLP, an attorney for Medtronic, told a...

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