cialis online

Medtronic Lawsuit Witness Must Testify, Judge Says

AddThis Social Bookmark Button

A confidential Medtronic Infuse lawsuit witness must testify in a shareholder class action case, said the judge hearing the case.

A Minnesota federal judge upheld the motion compelling the witness to testify in a shareholder class action, which alleges that Medtronic Inc.’s stock price fell over its off-label touting of the Infuse spinal graft product, said Law 360. U.S. District Judge Paul A. Magnuson’s ruling affirmed a magistrate judge’s prior order that the witness—known as CW2, a former Medtronic employee—must testify and provide a document he attempted to withhold when he cited Fifth Amendment protection, wrote Law 360.

The confidential witness signed a declaration supporting an earlier Medtronic court filing, thus disqualifying him from Fifth Amendment protection. “Given the conclusion that CW2 testified as to the subject matter of the document in question in his declaration, Chief Magistrate Judge Boylan’s conclusion that he waived any Fifth Amendment privilege as to that document is indisputedly correct,” Magnuson said, wrote Law 360.

The lawsuit was first brought about in 2008 against Medtronic and alleged it intentionally touted Infuse off-label and failed to disclose that sales revenues were mostly dependent on unapproved uses. The complaint stated that Medtronic’s stock suffered a 13 percent drop following news that the U.S. Department of Justice was investigating the alleged off-label Infuse promotion, explained Law 360.

It seems that CW2, who left Medtronic in 2008 and backed Medtronic in the declaration, also opposed the motion for class certification, said the ruling. The class followed with a subpoena asking the witness to testify and turn over documentation. The witness did comply, in part, said Law 360; he did not testify and withheld eight documents citing confidentiality and self-incrimination, according to court filings.

In December, Magistrate Judge Arthur J. Boylan ruled that Fifth Amendment protection was moot for five of the eight documents because Medtronic had previously turned them over to the class; two documents were not covered under protection, as they were Medtronic corporate documents; and the last document was not protected and, because CW2 declared his support of Medtronic, he, in essence, waived his Fifth Amendment rights, said Law 360. CW2, who was ordered to provide the document, appealed the decision in district court, claiming the magistrate’s ruling was in error.

Serios questions about Infuse have been raised in recent years over concerns of its cancer links and other serious adverse reactions. Made from the genetically engineered rhBMP-2 (recombinant human Bone Morphogenetic Protein-2), Infuse stimulates bone growth. First approved in 2008 by the U.S. Food and Drug Administration (FDA), Infuse received clearance for use in anterior approach lumbar fusion surgery and two types of dental procedures.

But, Infuse has often been used in unapproved procedures and, in 2008, the agency warned that Infuse and similar rhBMP-2 products caused serious problems when used off-label in cervical spine (neck) surgeries, said NewsInferno. The many controversies have seen a drop in Infuse sales as physicians have minimized or stopped use of the product.

« »

Leave a Reply

You must be logged in to post a comment.

NEWS CATEGORIES

GOVERNMENT NOTICES

ARCHIVES


Defective Johnson & Johnson Depuy ASR Hip Implants

The Johnson & Johnson Depuy ASR Hip Implant is suppose to last 15 years, but can fail in only a few years after surgery. Victims with faulty hip implants endure excruciating pain, pain in the groin, death of tissue in the hip joint and loss of surrounding bone. GET ALL THE FACTS NOW! CLICK HERE!
defective-hip-replacement.com

CAT Scans Radiation Exposure

If you had a CT or CAT scan and now have a band of missing hair, skin reddening or any other problems possibly related to a radiation overdose, you may have been exposed to much radiation due to incorrect settings on these machines. CONTACT US TODAY!
CAT-Scans-Radiation-Exposure.com

Water Contamination From Fracking

Hydraulic Fracturing of Fracking a way to extract natural gas from shale is contaminating water supplies across the country. Get the facts to keep your drinking water safe for your family.
WaterContaminationFrom Fracking.com

Overexposure to PCBs

Many people unknowingly have been exposed to high levels of PCBs. Recently 3 schools in NY City were found to have dangerous levels of PCBs throughout. Many workers for Monsanto, General Electric, and Westinghouse were exposed to high levels of PCBs. PCBs are a dangerous toxic substance that doesn't break down easily and can cause chloracne, bleeding and neurological disorders, liver damage, spontaneous abortions, malformed babies, cancer, and death. GET THE FACTS!
Overexposure to PCBs.com

Great Photography

Tallis Photo, the number one photographer for great corporate, wedding, and special occasion photos. CONTACT US TODAY!
TallisPhoto.com

Poligrip Lawsuit

Super Poligrip or Fixodent May Cause Nerve Damage. 800-LAW-INFO
Poligrip-Lawsuit.com

Personal Injury Lawyer Nassau County

If you or someone you love was injured CONTACT US TODAY!
Nassau-Personal-Injury-Lawyer-Online.com

Nursing Home Blog

When a loved one is abused at a nursing home, it is time to take action. STOP nursing home abuse!
nursing-home-blog.com

Car Accident Lawyer Nassau County

If you or someone you love was injured in an auto accident CONTACT US TODAY!
www.nassau-car-accident-lawyer-online.com

Suffolk County Auto Accident Lawyer

If you or someone you love was injured in an auto accident in Suffolk County, NY CONTACT US TODAY!
www.suffolk-car-accident-lawyer-online.com

Don't Be Denied Veterans Benefits

If you or someone you love was denied veterans benefits CONTACT US TODAY!
www.veterans-benefits-denial.com

Oil Rig Spills Lawyer

Oil Rig Spills harm the environment and cause heavy losses to coastal game and fishing industries, as well as a loss of waterway usage, resulting in a loss of income to individuals and businesses, and a loss of beach front usage. Don't let a spill cause you harm, CONTACT US TODAY!
www.oil-rig-spills.com

Whistle Blower

Stand up and say what you think is right. See something, say something.
whistlebloweradvisor.com