Infuse Bone Graft Claim Can’t Be Based On Sales Reps’ Prediction Of Approval

(August 25, 2015, 12:57 PM EDT) -- ST. LOUIS — Alleged statements by Medtronic Inc. sales representatives that an off-label use of its Infuse bone graft would be approved in the future is an opinion and not a fraudulent misrepresentation, a Missouri federal judge said Aug. 24 in dismissing the plaintiff’s lawsuit (Kathleen A. Arthur v. Medtronic, Inc., et al., No. 14-52, E.D. Mo., Eastern Div.; 2015 U.S. Dist. LEXIS 111346).

(Arthur opinion available. Document #28-150903-010Z.)

In 2008, Kathleen A. Arthur underwent an anterior cervical discectomy and fusion surgery in which her surgeon...
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