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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Law Firms

Companies

Government Agencies