Medtronic, one of the nation’s largest producers of medical devices, was recently rejected in its efforts to convince a judge to dismiss a lawsuit filed by a woman who suffered serious health problems after having a Medtronic Infuse Bone Graft in her neck.
The Los Angeles Superior Court judge denied Medtronic’s request that they be granted summary judgment, or a judge’s ruling that would have found that the facts in the case did not merit a trial. Instead, the woman will be allowed to continue her efforts to prove that Medtronic should be found to have committed fraud and negligence that caused her to suffer her injuries.
The case is just one of many involving patients who have filed Medtronic Infuse lawsuits over serious side effects that they have suffered as a result of the implants, according to allegations in their filings. Read more at: http://www.resource4thepeople.com/defectivemedicaldevices/medtronic.html
The outcome of Medtronic’s request was closely watched by Medtronic victims because Medtronic claimed that the woman’s case was invalid on the legal theory of preemption, which is frequently employed as a defense by manufacturers who claim that they cannot be sued over a product that was reviewed and approved for consumers by the U.S. Food and Drug Administration.
Judge Michael Paul Linfield found that there is a legitimate legal dispute in the case and that she is entitled to an opportunity to prove her allegations that Medtronic promoted unapproved uses for the device.
According to court documents, April Cabana suffered excessive bone growth after having a Medtronic Infuse Bone Graft in which the device was surgically implanted in her neck to cure her back pain
Her lawyers are claiming that such an implant is a use that is not approved by the FDA. After the ruling one of her lawyers issued the following statement:
“The judge made the correct ruling here and I personally find this type of case to be just another example of how far too many big corporations continue to put profits ahead of people. This company is guilty of gross negligence by telling doctors that it was safe to use their medical device in the neck area without first testing to see if it was actually safe. And now they file a motion to get off the hook by some technicality? Thank God Judge Linfield made the right decision here. I am sorry to say that we see this type of malfeasance happening all too much now in this country and unfortunately the only way to stop it is to make these companies pay people they have harmed.”