Accessibility Statement Skip Navigation
  • Why PRWeb
  • How It Works
  • Who Uses It
  • Pricing
  • Login
  • GDPR
  • Create a Free Account
Return to PRWeb homepage
  • News
  • Resources
  • Contact
When typing in this field, a list of search results will appear and be automatically updated as you type.

Searching for your content...

No results found. Please change your search terms and try again.
  • News in Focus
      • Browse News Releases

      • All News Releases
      • Multimedia Gallery

      • All Multimedia
      • All Photos
      • All Videos
  • Business & Money
      • Auto & Transportation

      • Aerospace, Defense
      • Air Freight
      • Airlines & Aviation
      • Automotive
      • Maritime & Shipbuilding
      • Railroads and Intermodal Transportation
      • Supply Chain/Logistics
      • Transportation, Trucking & Railroad
      • Travel
      • Trucking and Road Transportation
      • View All Auto & Transportation

      • Business Technology

      • Blockchain
      • Broadcast Tech
      • Computer & Electronics
      • Computer Hardware
      • Computer Software
      • Data Analytics
      • Electronic Commerce
      • Electronic Components
      • Electronic Design Automation
      • Financial Technology
      • High Tech Security
      • Internet Technology
      • Nanotechnology
      • Networks
      • Peripherals
      • Semiconductors
      • View All Business Technology

      • Entertain­ment & Media

      • Advertising
      • Art
      • Books
      • Entertainment
      • Film and Motion Picture
      • Magazines
      • Music
      • Publishing & Information Services
      • Radio & Podcast
      • Television
      • View All Entertain­ment & Media

      • Financial Services & Investing

      • Accounting News & Issues
      • Acquisitions, Mergers and Takeovers
      • Banking & Financial Services
      • Bankruptcy
      • Bond & Stock Ratings
      • Conference Call Announcements
      • Contracts
      • Cryptocurrency
      • Dividends
      • Earnings
      • Earnings Forecasts & Projections
      • Financing Agreements
      • Insurance
      • Investments Opinions
      • Joint Ventures
      • Mutual Funds
      • Private Placement
      • Real Estate
      • Restructuring & Recapitalization
      • Sales Reports
      • Shareholder Activism
      • Shareholder Meetings
      • Stock Offering
      • Stock Split
      • Venture Capital
      • View All Financial Services & Investing

      • General Business

      • Awards
      • Commercial Real Estate
      • Corporate Expansion
      • Earnings
      • Environmental, Social and Governance (ESG)
      • Human Resource & Workforce Management
      • Licensing
      • New Products & Services
      • Obituaries
      • Outsourcing Businesses
      • Overseas Real Estate (non-US)
      • Personnel Announcements
      • Real Estate Transactions
      • Residential Real Estate
      • Small Business Services
      • Socially Responsible Investing
      • Surveys, Polls and Research
      • Trade Show News
      • View All General Business

  • Science & Tech
      • Consumer Technology

      • Artificial Intelligence
      • Blockchain
      • Cloud Computing/Internet of Things
      • Computer Electronics
      • Computer Hardware
      • Computer Software
      • Consumer Electronics
      • Cryptocurrency
      • Data Analytics
      • Electronic Commerce
      • Electronic Gaming
      • Financial Technology
      • Mobile Entertainment
      • Multimedia & Internet
      • Peripherals
      • Social Media
      • STEM (Science, Tech, Engineering, Math)
      • Supply Chain/Logistics
      • Wireless Communications
      • View All Consumer Technology

      • Energy & Natural Resources

      • Alternative Energies
      • Chemical
      • Electrical Utilities
      • Gas
      • General Manufacturing
      • Mining
      • Mining & Metals
      • Oil & Energy
      • Oil and Gas Discoveries
      • Utilities
      • Water Utilities
      • View All Energy & Natural Resources

      • Environ­ment

      • Conservation & Recycling
      • Environmental Issues
      • Environmental Policy
      • Environmental Products & Services
      • Green Technology
      • Natural Disasters
      • View All Environ­ment

      • Heavy Industry & Manufacturing

      • Aerospace & Defense
      • Agriculture
      • Chemical
      • Construction & Building
      • General Manufacturing
      • HVAC (Heating, Ventilation and Air-Conditioning)
      • Machinery
      • Machine Tools, Metalworking and Metallurgy
      • Mining
      • Mining & Metals
      • Paper, Forest Products & Containers
      • Precious Metals
      • Textiles
      • Tobacco
      • View All Heavy Industry & Manufacturing

      • Telecomm­unications

      • Carriers and Services
      • Mobile Entertainment
      • Networks
      • Peripherals
      • Telecommunications Equipment
      • Telecommunications Industry
      • VoIP (Voice over Internet Protocol)
      • Wireless Communications
      • View All Telecomm­unications

  • Lifestyle & Health
      • Consumer Products & Retail

      • Animals & Pets
      • Beers, Wines and Spirits
      • Beverages
      • Bridal Services
      • Cannabis
      • Cosmetics and Personal Care
      • Fashion
      • Food & Beverages
      • Furniture and Furnishings
      • Home Improvement
      • Household, Consumer & Cosmetics
      • Household Products
      • Jewelry
      • Non-Alcoholic Beverages
      • Office Products
      • Organic Food
      • Product Recalls
      • Restaurants
      • Retail
      • Supermarkets
      • Toys
      • View All Consumer Products & Retail

      • Entertain­ment & Media

      • Advertising
      • Art
      • Books
      • Entertainment
      • Film and Motion Picture
      • Magazines
      • Music
      • Publishing & Information Services
      • Radio & Podcast
      • Television
      • View All Entertain­ment & Media

      • Health

      • Biometrics
      • Biotechnology
      • Clinical Trials & Medical Discoveries
      • Dentistry
      • FDA Approval
      • Fitness/Wellness
      • Health Care & Hospitals
      • Health Insurance
      • Infection Control
      • International Medical Approval
      • Medical Equipment
      • Medical Pharmaceuticals
      • Mental Health
      • Pharmaceuticals
      • Supplementary Medicine
      • View All Health

      • Sports

      • General Sports
      • Outdoors, Camping & Hiking
      • Sporting Events
      • Sports Equipment & Accessories
      • View All Sports

      • Travel

      • Amusement Parks and Tourist Attractions
      • Gambling & Casinos
      • Hotels and Resorts
      • Leisure & Tourism
      • Outdoors, Camping & Hiking
      • Passenger Aviation
      • Travel Industry
      • View All Travel

  • Policy & Public Interest
      • Policy & Public Interest

      • Advocacy Group Opinion
      • Animal Welfare
      • Congressional & Presidential Campaigns
      • Corporate Social Responsibility
      • Domestic Policy
      • Economic News, Trends, Analysis
      • Education
      • Environmental
      • European Government
      • FDA Approval
      • Federal and State Legislation
      • Federal Executive Branch & Agency
      • Foreign Policy & International Affairs
      • Homeland Security
      • Labor & Union
      • Legal Issues
      • Natural Disasters
      • Not For Profit
      • Patent Law
      • Public Safety
      • Trade Policy
      • U.S. State Policy
      • View All Policy & Public Interest

  • People & Culture
      • People & Culture

      • Aboriginal, First Nations & Native American
      • African American
      • Asian American
      • Children
      • Diversity, Equity & Inclusion
      • Hispanic
      • Lesbian, Gay & Bisexual
      • Men's Interest
      • People with Disabilities
      • Religion
      • Senior Citizens
      • Veterans
      • Women
      • View All People & Culture

  • Hamburger menu
  • Cision PRWeb provides efficient communication tools to continuously engage with target audiences across multiple online channels
  • Create a Free Account
    • ALL CONTACT INFO
    • Contact Us


      11AM ET Sunday – 8PM ET Friday

  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • News in Focus
    • Browse All News
    • Multimedia Gallery
  • Business & Money
    • Auto & Transportation
    • Business Technology
    • Entertain­ment & Media
    • Financial Services & Investing
    • General Business
  • Science & Tech
    • Consumer Technology
    • Energy & Natural Resources
    • Environ­ment
    • Heavy Industry & Manufacturing
    • Telecomm­unications
  • Lifestyle & Health
    • Consumer Products & Retail
    • Entertain­ment & Media
    • Health
    • Sports
    • Travel
  • Policy & Public Interest
  • People & Culture
    • People & Culture
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR
  • Send a Release
  • Sign up
  • Log in
  • Resources
  • RSS
  • GDPR

Court Grants Plaintiffs’ Motion to Remand Medtronic Infuse Personal Injury Case, Parker Waichman LLP Comments
  • USA - English


News provided by

Parker Waichman LLP

Oct 21, 2014, 16:30 ET

Share this article

Share toX

Share this article

Share toX


Port Washington, New York (PRWEB) October 21, 2014 -- Parker Waichman LLP, a national law firm that has long been dedicated to protecting the rights of victims who have been injured during medical procedures and by medical devices, comments on a Court ruling in which a lawsuit filed against Medtronic, Inc. will be remanded to the Circuit Court of the City of St. Louis for further proceedings. The action is Dennis Brian Anders, Plaintiffs, et al v. Medtronic, Inc., Medtronic Sofamor Danek USA, Inc., And Does 1 – 100 Defendants, case number No. 4:14cv01637 ERW.

“We are pleased to see the Court remand the proceedings to the Circuit Court of the City of St. Louis where we hope that that these claimants can finally get their day in court,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP.

Post this

On February 3, 2014, Medtronic filed a Notice of Removal with the Court, asserting diversity jurisdiction and federal question jurisdiction. The plaintiffs moved to remand the case and, on April 24, 2014, the case was remanded to the Circuit Court of the City of St. Louis. (Anders v. Medtronic, Inc., No. 4:14-cv-00194-ERW, 2014 WL 1652352 [E.D. Mo. Apr. 24, 2014])

Parker Waichman LLP explains that a remand is an action that is taken by an appellate court in which the case is returned to the trial court or a lower appellate court for further action.

On December 26, 2013, a number of plaintiffs filed a petition against Medtronic, Inc., Medtronic Sofamor Danek USA, Inc., and others in the Circuit Court of the City of St. Louis, Missouri. Allegations involve injuries related to the Infuse® Bone Graft and LT Cage® Device (Infuse®), which is designed, manufactured, and sold by Medtronic. Allegations include that Medtronic and the other defendants were involved in a fraudulent marketing and promotional scheme that advertised illegal and dangerous uses of Infuse®. Because of this, the plaintiffs claim, they underwent surgeries in which Infuse® was used in certain “off label,” or unauthorized, ways, which led to a number of injuries. (Dennis Brian Anders, Plaintiffs, et al v. Medtronic, Inc., Medtronic Sofamor Danek USA, Inc., And Does 1 – 100 Defendants, case number No. 4:14cv01637 ERW, filed October 17, 2014 in the United States District Court Eastern District of Missouri Eastern Division)

Parker Waichman LLP comments that it is aware that patients may be harmed during medical procedures and as a result of the use of medical devices and is available to assist those individuals who have suffered injuries related to these procedures and medical products.

Infuse is a genetically engineered, synthetic, recombinant human Bone Morphogenetic Protein (rhBMP-2). The product received U.S. Food and Drug Administration (FDA) in 2002 for very specific uses: To stimulate spine growth in patients suffering from lower spinal degenerative disease, for use in one type of spinal surgery, and for use in some dental procedures. Infuse is not approved for use on the cervical (upper) spine; however, the bone graft product is widely used in these off label procedures, Parker Waichman LLP indicated.

According to the action, Medtronic filed a Notice of Removal with the Court on September 29, 2014, asserting jurisdiction through the Class Action Fairness Act (CAFA); plaintiffs moved to remand the case. A defendant may remove a case to federal court under specific circumstances; namely, if the claim could have been originally brought in federal court. For the most part, the party seeking removal and opposing remand must establish federal subject matter jurisdiction. Medtronic contends that federal subject matter jurisdiction was met because the plaintiffs allegedly seek to have three cases tried as one, which would qualify the cases as a “mass action” under CAFA. The three cases are the current case; Smith v. Medtronic, Inc., No. 4:13-CV-02220-CEJ; and Hendrich v. Medtronic, Inc., No. 4:14-CV-01635-AGF. All three were removed from the Circuit Court of St. Louis claiming jurisdiction under CAFA as a “mass action.” All three include just fewer than 100 plaintiffs and the same defendants; when combined, the cases meet the minimum requirements for CAFA of over 100 plaintiffs, minimum diversity, and $5,000,000 recovery, the defendants claim. Plaintiffs seek remand on the grounds they have never requested a joint trial and Medtronic’s’ removal was untimely. The Court found that the case lacks federal jurisdiction and should be remanded. (Dennis Brian Anders, Plaintiffs, et al v. Medtronic, Inc., Medtronic Sofamor Danek USA, Inc., And Does 1 – 100 Defendants, case number No. 4:14cv01637 ERW, filed October 17, 2014 in the United States District Court Eastern District of Missouri Eastern Division)

The Court found that the plaintiffs did not request the three cases be tried jointly and plaintiffs’ statements in their Opposition only refer to plaintiffs in one case (Anders v. Medtronic, Inc.) and not to the parties in Smith v. Medtronic, Inc., and Hendrich v. Medtronic, Inc., as the defendants alleged. As such, the case shall be remanded to the Circuit Court of the City of St. Louis for further proceedings. (Dennis Brian Anders, Plaintiffs, et al v. Medtronic, Inc., Medtronic Sofamor Danek USA, Inc., And Does 1 – 100 Defendants, case number No. 4:14cv01637 ERW, filed October 17, 2014 in the United States District Court Eastern District of Missouri Eastern Division)

“We are pleased to see the Court remand the proceedings to the Circuit Court of the City of St. Louis where we hope that that these claimants can finally get their day in court,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “Individuals who allegedly suffered a serious, life-altering injury during a medical procedure, or loss over alleged misrepresentations, deserve their day in court.”

Parker Waichman LLP offers free legal consultations to victims of injuries allegedly caused by medical procedures. If you or a loved one experienced injuries as a result of a potentially inappropriately conducted medical procedure or due to a medical device, please visit the Medical Devices pages at YourLawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

Gary Falkowitz, Parker Waichman LLP, http://yourlawyer.com, +1 (800) 529-4636, [email protected]

Modal title

Contact PRWeb

  • 11AM ET Sunday – 8PM ET Friday
  • Contact Us

About PRWeb

  • About PRWeb
  • Partners
  • Partnership Programs
  • Editorial Guidelines
  • Resources

Why PRWeb

  • Why PRWeb
  • How It Works
  • Who Uses It
  • Pricing

Accounts

  • Create a Free Account
  • Log in
  • Contact Us

Do not sell or share my personal information:

  • Submit via [email protected] 
  • Call Privacy toll-free: 877-297-8921

Contact Cision

Products

About

My Services
  • All News Releases
  • Online Member Center
  • ProfNet
Cision Distribution Helpline
888-776-0942
  • Legal
  • Site Map
  • RSS
  • Cookie Settings
Copyright © 2025 Cision US Inc.