Plaintiffs May Amend Off-Label Fraud Claims in Medtronic Infuse Case, Federal Judge Rules

PHOENIX — A federal judge has granted plaintiffs leave to amend their claims alleging that Medtronic Inc. fraudulently induced surgeons to use its Infuse Bone Graft device in an off-label manner.

However, in the Nov. 21 order, Judge H. Russel Holland of the U.S. District Court for the District of Alaska, sitting in the U.S. District Court for the District of Arizona, dismissed the plaintiffs’ remaining claims with prejudice, finding they were inadequately pled.

In July 2010, Debra Martin underwent a posterolateral lumbar fusion performed by Dr. Yadship Pannu. According to the complaint, the surgeon performed an “off-label” procedure …