Oregon joins 5-state settlement with Medtronic over alleged misleading advertising

By Mark Iandolo | Dec 19, 2017

SALEM, Oregon (Legal Newsline) — Oregon Attorney General Ellen Rosenblum announced Dec. 13 that Oregon is involved in a five-state settlement with Medtronic Sofamor Danek Inc. and Medtronic Sofamor Danek USA, Inc. (“Medtronic”) after allegations the company violated unfair trade practice laws.

According to Rosenblum’s office, Medtronic unlawfully promoted its Infuse Bone Graft Device in spinal fusion procedures to doctors. Medtronic purportedly made deceptive claims about Infuse by detailing the product’s superiority to other therapies in trusted scientific publications. Additionally, Medtronic alleged that Infuse patients experienced fewer side effects than what research about the product actually showed.

“It is unacceptable for a company to use company-sponsored literature with misleading data to try to show that its product is more effective than other therapies,” Rosenblum said. “By using these misleading claims, the company created a higher demand for Infuse in a range of surgeries—which led to greater and undeserved profits for the company.”

Oregon is joined in the multistate settlement by California, Illinois, Massachusetts and Washington.

Assistant attorney general David Hart and his investigative team at the Civil Enforcement Division of the Oregon Department of Justice handled the case for the state.

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