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The 2008 case, Riegel v. Medtronic, saw the high court rule that federal law barred most state law claims over a medical device that has gone through the Food and Drug Administration’s review process and received premarket approval. But in a new string of suits, hundreds of plaintiffs who were injured by Medtronic Inc’s Infuse Bone Graft device are claiming the company illegally promoted the device for uses not approved by the FDA—the off-label promotion is a parallel claim, meaning their lawsuits are not barred by federal law.

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