Kentucky Appeals Court Backs Infuse Off-Label Preemption, But Not For Hospital

Mealey's (February 1, 2017, 11:40 AM EST) -- FRANKFORT, Ky. — A Kentucky Court of Appeals panel on Jan. 13 affirmed that a patient’s product liability claim over the off-label use of Infuse bone graft is preempted by federal law, but it reversed dismissal of a medical negligence claim against a hospital for failing to tell the patient that a doctor was going to use a device in an off-label manner (Joyce Cales, et al. v. Baptist Healthcare System, Inc., et al., No. 2015-CA-001103-MR, Ky. App., 2017 Ky. App. LEXIS 10)....

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