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Stryker Corporation  (SYK), Medtronic, Inc. (MDT) Lose Preemption Bids in OP-1, Calstrux and Infuse Lawsuit


9/26/2013 8:13:34 AM

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A California state court shoots down motions by Stryker and Medtronic to dismiss a lawsuit filed over their respective bone-growth proteins OP-1, Calstrux and Infuse. A California state court ruled out a series of motions seeking to dismiss a lawsuit filed over bone proteins made by Stryker and Medtronic, ruling that federal law does not preempt the case from going forward. April Cabana sued the medical device companies for alleged off-label promotion of the bone growth products, as well as a hospital and surgeon Dr. Ali Mesiwala for failing to inform her that they were using the experimental products.

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