High Court Review Sought in Medtronic Device Liability Suit

The U.S. Supreme Court should decide whether state law product liability claims may be brought against a medical device maker when the alleged harm comes from an off-label use promoted by the maker, a Missouri woman allegedly injured by a bone growth device says (Caplinger v. Medtronic, Inc., U.S., Number not available, cert. petition filed 9/11/15).

A split Tenth Circuit panel misapplied Supreme Court precedent in ruling earlier this year that federal medical device law preempted claims stemming from a type of use for Medtronic Inc.'s Infuse bone growth device that wasn’t approved by the Food and ...