Long-awaited ruling in Medtronic Infuse lawsuit could have ripple effect on industry

July 10, 2013 by Arezu Sarvestani

Patients attempting to sue Medtronic over the device giant's Infuse bone-growth protein have their eyes on a pending lawsuit that attempts to overcome federal pre-emption laws by tying injury liability to alleged off-label marketing.

Medtronic logo

Federal pre-emption statutes have thus far stalled personal injury complaints over Medtronic's (NYSE:MDT) troubled Infuse bone-growth protein, but new lawsuits may find their way to trial by claiming that the medtech titan is liable for injuries because it engaged in off-label marketing.

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