A Los Angeles judge has refused to dismiss on federal pre-emption grounds a product liability case against Medtronic Inc. over the use of its Infuse bone graft device during spinal surgeries.
Medtronic and its subsidiary, Medtronic Sofamor Danek USA Inc., had moved for dismissal on summary judgment, arguing the claims that it marketed the device for uses not approved by the U.S. Food and Drug Administration were pre-empted under the U.S. Supreme Court’s 2008 decision in Riegel v. Medtronic and the U.S. Food, Drug and Cosmetic Act.
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