INFUSE LAWSUIT MAY GO TO A JURY (Orthopedics This Week)
far, U.S. Supreme Court “Preemption” decisions have kept Medtronic, Inc. from having to go to a jury to defend itself in several Infuse lawsuits.
But that may be about to change as a state judge in Minnesota has ruled that the company can be sued in state court on charges that it manipulated research and misled surgeons about the dangers of off-label uses of Infuse.
The judge had previously refused to let a case of a patient who claims he was injured by the product proceed because of the Supreme Court rulings that usually exclude people injured by federally approved medical devices from suing the manufacturer. But after additional analysis of more detailed allegations filed after the initial decision, Judge Laurie Miller is allowing the case to proceed for three allegations.
Medtronic has been able to avoid trials in a number of cases by convincing judges that the Supreme Court rulings prohibit patients from suing in state courts for malfunctions of FDA approved devices. But judges in several state courts and at least two federal courts have reportedly recently let cases go forward. Another Supreme Court showdown could be down...
