In an order dated Feb. 16, U.S. District Court Judge John Kronstadt in Central California denied Medtronic’s motion for summary judgment in the case filed by The Dan Abrams Co. LLC. The LLC’s sole employee, Bryan Shapiro, formerly worked for Medtronic.
Kronstadt scheduled a status conference regarding a jury trial for March 18.
Filed in 2015, the lawsuit claimed fraud around the clearance and marketing of two Medtronic Verte-Stack spinal implant devices for interbody fusion or vertebral body replacement.
The entire lawsuit was tossed in 2019, but a federal appeals court in 2021 reinstated one claim claiming that Medtronic defrauded FDA into granting 510(k) clearance for the devices.
Kronstadt in his Feb. 16 order rejected all of Medtronic’s arguments to get the final claim in the …