In a pending medtronic infuse bone graft lawsuit, the Court is faced with a hot topic issue in drug and medical device lawsuits – the conflict between federal vs. state law. In a recent case in Minnesota, the Court ruled that even though the medtronic infuse bone graft lawsuit may be preempted by federal law, it may proceed under the state law areas of fraud and misrepresentation.
The issue in this Minnesota medtronic infuse bone graft lawsuit is whether medtronic misled or downplayed the alleged problems during its promotional activities with doctors and others. Basically, the issue in this medtronic infuse bone graft lawsuit is whether the plaintiff can avoid preemption and show that medtronic misled the doctors with regard to the safety of using the infuse bone graft in off-label situations (the state law fraud and misrepresentation issues). The Court had ruled earlier in the case that certain other state law causes of action were preempted under federal law.
The preemption issue is widely debated across the country. Recently, courts in California issued two opinions related to the medtronic infuse bone graft preemption lawsuit issue.
Medtronic’s Infuse Bone Graft is a man-made liquid bone graft that uses recombinant human Bone Morphogenetici Protein (rhBMP-2), and is used to encourage bone growth and replace damaged spinal disks. The FDA approved the Infuse Bone Graft in 2002 for the limited use in the lumbar spine, or lower back, and for some oral and dental procedures. But, it has been reported that it has been used off-label during neck surgery/cervical (FDA review of use of the infuse bone graft).
Some of the problems, complications or injury/injuries in surgery may be:
- Difficulty Breathing
- Difficulty Swallowing
- Difficulty Speaking
- Compression of the Airway
- Respiratory Depression
- Nerve Damage
For more information on Medtronic’s Infuse Bone Graft, click here.
If you or your loved one has are suffering a side effect/injury from use of the infuse bone graft – off label – in neck cervical spine surgery, please seek and consult with your healthcare provider as soon as possible. And, if you have been injured and want to talk to a infuse bone graft lawyer and/or file a medtronic infuse bone graft lawsuit, contact us.
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases. We are here to help with your medtronic infuse bone graft lawsuit. If you are suffering a side effect or injury from the off-label use of the medtronic infuse bone graft in neck or cervical spine surgery and would like your case evaluated, contact our office at 1.844.329.5955.
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