Medtronic Infuse Injury Suit Revived By Md. Appeals Court
Law360, New York (October 7, 2014, 8:25 PM EDT) -- A Maryland appeals court on Monday revived a man’s injury suit against Medtronic Inc. over the off-label use of its Infuse bone graft device in his surgery, finding that federal law doesn’t preempt his claims about misrepresentations to doctors or the public about the risks of such uses.
The Court of Special Appeals in Maryland found that the Medical Device Amendments to the Federal Food Drug and Cosmetic Act do not preempt state-law claims that a device maker violated federal prohibitions against the misleading off-label marketing of a device. The claims were brought by plaintiff Steven McCormick, who underwent a spinal...
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