Facing allegations that it improperly promoted its Infuse spinal fusion device for off-label uses, Medtronic Inc. has fended off lawsuits by relying on a 2008 U.S. Supreme Court case that disallows most state law tort claims arising from a medical device when the government has approved the device. That case, Riegel v. Medtronic, cropped up again on Tuesday, when a federal appeals court agreed that a Vermont woman’s Infuse case should be tossed.
Siding with Medtronic’s lawyer, Mayer Brown’s Andrew Tauber, the U.S. Court of Appeals for the Second Circuit upheld the dismissal of negligence and failure to warn claims brought against the medical device maker. The Second Circuit ruled that some of the claims of plaintiff Koleen Otis-Wisher were pre-empted under the Medical Device Amendments to the Federal Food Drug and Cosmetics Act.
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