U.S. Supreme Court Asked To Find That Off-Label Use Of Infuse Is Not Preempted

(September 24, 2015, 12:07 PM EDT) -- WASHINGTON, D.C. — An Infuse bone graft plaintiff on Sept. 11 asked the U.S. Supreme Court to decide if its medical device preemption precedents preempt claims involving the off-label use of devices (Patricia Caplinger v. Medtronic, Inc., et al., No. 15-321, U.S. Sup.).

(Caplinger petition in Section A. Document #28-151001-002B.)

In 2010, Patricia Caplinger underwent lumbar spine surgery to treat a degenerative disc condition. Her surgeon used the Infuse bone graft made by Medtronic Inc., but he implanted it via a posterior approach, for which the...
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