Court Says No Dice To Medtronic's Motion For Summary Judgment

On February 16, the U.S. District Court for the Central District of California denied Medtronic's motion for summary judgment in United States ex rel. The Dan Abrams Company LLC v. Medtronic Inc., No. 2:15-cv-01212-JAK-AS (C.D. Cal. Feb. 16, 2024) — a case with a procedural history dating back almost a decade, with several amended complaints and a remand along the way.

In the case, the relator claimed that Medtronic misled the FDA when it applied for clearance to sell two spinal implant devices. In particular, the relator alleged that Medtronic falsely represented that the devices were to be used in the thoracolumbar spine — thereby leveraging a less stringent standard of FDA review applicable to such devices — when, in fact, the devices were designed and intended to be used in the cervical spine. The relator further alleged that Medtronic falsely represented to hospitals and surgeons that the devices were approved by the FDA, rather than representing that