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Another lawsuit against Medtronic's Infuse proceeds in Arizona

Tue, 08/27/2013 - 8:59am
Mass Device

An Arizona judge rules that federal preemption laws do not protect Medtronic's long-troubled Infuse bone-growth protein in a patient injury lawsuit accusing the company of off-label marketing.

Another lawsuit against Medtronic's Infuse proceeds in Arizona

Another patient injury lawsuit is set to proceed against Medtronic (NYSE:MDT) and it's problematic Infuse bone-growth protein after an Arizona district judge ruled that federal preemption doesn't apply in a case accusing the company of off-label marketing, a relatively new tactic that is proving somewhat successful for patients waging battles against medical device makers.

Arizona District Court Judge G. Murray Snow denied, in large part, Medtronic's attempts to dismiss a patient's lawsuit accusing the company of liability for injuries allegedly caused by treatment with Infuse during a lumbar fusion procedure.

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