The Infuse bone graft lawsuits are currently at a critical juncture, after the judge overseeing the cases was asked to rule on Medtronic’s motion to dismiss the cases.

The Infuse bone graft system is a device designed to help simplify spinal fusions. Spinal fusions are a type of surgery designed to help compensate for damage to the supporting discs of the spine.

When these discs wear out, it can cause serious pain and even disabling complications. In older-style spinal fusions, redundant bone from elsewhere in the body was harvested and used to join two vertebrae together to compensate for the failing disc. The Infuse bone graft system was designed to bypass this step by creating new bone from a bio-engineered gel while a steel support cage holds the bones in place. However, Infuse bone graft lawsuits have alleged that the device is potentially dangerous and illegally marketed.

Infuse bone graft lawsuits have alleged that the Infuse device can cause serious problems. These alleged problems include symptoms like neurological problems (which can manifest as pain, numbness, or paralysis), abnormal bone growth, trouble breathing or swallowing, and male sterility. Infuse bone graft lawsuits allege that spinal fusion with Infuse are more dangerous than older-style spinal fusions without the device.

The various Infuse lawsuits have taken the form of an Infuse MDL. MDL is short for “multidistrict litigation,” which means that the legal system has coordinated and consolidated similar individual lawsuits into a single legal proceeding. This process is designed to streamline the legal process, since most of the individual Infuse bone growth lawsuits hinge on very similar evidence. However, the fact that Infuse bone graft lawsuits are structured as MDLs also means that a single court ruling can have serious implications for many other lawsuits within the MDL.

Medtronic, the makers of Infuse, have alleged that an earlier Medtronic lawsuit, Rigel v. Medtronic, preempted, or already answered the charges, in the MDL. Rigel v. Medtronic was tried before the U.S. Supreme Court in 2008. If the ruling judge decides to dismiss the Medtronic cases based on this ruling, it could have a profound effect on other Infuse bone graft lawsuits. Otherwise, the Infuse MDL will move forward.

Medtronic has already committed substantial financial resources to resolving Infuse bone graft lawsuits. Medtronic has spent $22 million to resolve 950 Infuse cases out of court, and documents from the medical company indicate that it has allocated up to $140 million to resolve all Infuse bone graft lawsuits.