Charges Against Medtronic Infuse Not Preempted, Kentucky

A patient who filed a lawsuit against Medtronic will still have her day in court. Last month, a judge struck down Medtronic’s attempt to have the case tossed out because of preemption.

According to, April Cabana blames two companies—Stryker Biotech and Medtronic—for causing “debilitating and permanent injuries to her spine” by the illegal, off-label use of their products. Cabana’s first surgery to cure her lower back pain involved use of two Stryker devices; the second, Medtronic’s Infuse. Cabana avers that her pain is worse after the surgeries and she is now on disability, unable to work, and unable to be mobile and enjoy “many of the regular activities she once used to enjoy.”

Medtronic argued that the lawsuit should be dismissed because of preemption, as decided in 2008 in Riegel v. Medtronic. The United States Supreme Court ruled that patients may not sue manufacturers of products that have been approved by the FDA.

Los Angeles Superior Court Judge Michael Linfield, however, disagreed with Medtronic’s reliance on the Riegel decision for this case. His ruling asserted that Cabana’s claim alleges that “Medtronic promoted the use of its device in violation of federal requirements. Accordingly, Riegel is not authority that plaintiff’s claims against Medtronic are preempted here.”

If you are suffering serious consequences from spinal fusion in Kentucky that involved the Medtronic Infuse implants, contact Gray and White Law. We are the Louisville Medtronic Infuse injury lawyers who can get you the justice you deserve. Call us at 502-210-8942 or toll free at 888-450-4456 and set up a FREE, no-obligation consultation.

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law
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