Medtronic Infuse product liability lawsuits involving Medtronic Infuse bone graft surgery, have hit a federal preemption roadblock. Federal preemption law, for medical devices, is based on a 2008 Supreme Court ruling that has been used as an impregnable defense wall by medical device manufacturers.
Medtronic has argued that they can not be held liable for injuries, since the device was approved by the FDA. The medical device maker’s argument was upheld in the Supreme Court decision of Riegel v. Medtronic, involving allegedly defective pacemaker leads and injuries.
What is Medtronic Infuse?