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Lawsuit Against Medtronic Inc. Will Proceed, as Judge Rejects Device Maker's Preemption Arguments to Have Medtronic Infuse Case Dismissed, Parker Waichman LLP Reports
Date:8/29/2013

New York, New York (PRWEB) August 29, 2013

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by defective medical devices, is reporting that a lawsuit against Medtronic Inc. will proceed, according to court documents filed with the U.S. District Court, Arizona, on Aug. 21, 2013. In the documents, U.S. District Judge G. Murray Snow rejected Medtronic Inc.'s arguments to have the complaint fully dismissed on the grounds that all the Plaintiff’s claims were preempted by medical device amendments to the Food, Drug and Cosmetic Act (Ramirez v. Medtronic Inc. et al., Case No.:2:13-cv-00512). Judge Snow found, according to the documents, that federal law does not preempt most of the Plaintiff's claims because Medtronic advertised the off-label use of its product that was performed on the Plaintiff during her lumbar fusion; off-label uses that are promoted by the device maker are not preempted by federal law as off-label promotion is prohibited.

“As we anticipated, Medtronic will not be able to hide from the many lawsuits expected to follow this decision,” said Gary Falkowitz, Managing Attorney from Parker Waichman LLP. “We are hopeful that this decision will pave a path for compensating those individuals who were injured by Infuse.”

Parker Waichman LLP is reporting that it continues to help Medtronic patients 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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Source: PRWeb
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