(PRWEB) August 26, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, notes that, according to court documents filed with the U.S. District Court, Arizona, on Aug. 21, 2013, U.S. District Judge G. Murray Snow rejected Medtronic Inc.'s arguments that federal law preempted a lawsuit trial built on claims that the company had promoted the off-label use of its Infuse bone graft product. According to the documents, Medtronic was seeking to have the complaint fully dismissed, alleging that all the Plaintiff’s claims were preempted by medical device amendments to the Food, Drug and Cosmetic Act, which furnishes the U.S. Food and Drug Administration (FDA) with extensive control over the manufacture and marketing of an FDA-approved medical device. (Ramirez v. Medtronic Inc. et al., Case No.:2:13-cv-00512). But Judge Snow found that federal law does not preempt most of the Plaintiff's claims.
“The majority of [the Plaintiff’s claims] trace her doctor’s off-label use of Infuse back to Medtronic’s off-label promotion and are therefore not preempted,” the judge wrote in the court documents.
Parker Waichman LLP continues to investigate allegations of people who claim they were harmed by the product. Such allegations are not limited to the off-label use of Medtronic’s Infuse. In fact, two independent studies* published in the June edition of the medical journal Annals of Internal Medicine call into question Infuse’s overall level of effectiveness, while also highlighting potential harm the product can cause.
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