Garross v. Medtronic, Inc.

DECISION AND ORDER

LYNN ADELMAN, District Judge.

Plaintiff, Kathlene Penich Garross, brings this diversity suit against defendants (collectively “Medtronic”) alleging numerous tort claims stemming from her spinal surgery. Specifically, plaintiff alleges that Medtronic violated state law by promoting an off-label use of a Class III medical device regulated by the Food and Drug Administration (“FDA”). Medtronic moves to dismiss the complaint on several grounds primarily that plaintiffs claims are expressly and impliedly preempted by federal law.

I. Background

The Medical Device Amendments of 1976…