Tenth Circuit Upholds Preemption Ruling in Favor of Medtronic

A Tenth Circuit panel upheld dismissal of design defect and breach of warranty claims brought against Medtronic by a plaintiff who claimed to have been injured by off-label implantation of the Infuse bone graft system. The court ruled 2-1 that the claims were preempted because the plaintiff could not identify any parallel federal regulation supporting her claims. [4/22/15]