6th Circuit Says Infuse Plaintiff Can’t Plead Fraud After Preemption Dismissal

Mealey's (January 6, 2016, 10:24 AM EST) -- CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel on Dec. 15 affirmed that an Infuse bone graft plaintiff cannot add a fraud claim after the trial court dismissed his claims on preemption and other grounds (Clinton Thorn v. Medtronic, Inc., et al., No. 15-1533, 6th Cir.; 2015 U.S. App. LEXIS 225820).

(Thorn opinion available. Document #28-160107-017Z.)

In 2010, Clinton Thorn underwent posterior lumbar interbody fusion surgery in which the surgeon used Infuse bone morphogenetic protein in a scaffold cage to promote bone fusion between...
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