In Medtronics, Inc. v. Malander, No. 49A02-1211-CT-925 (Ind. Ct. App. Oct. 11, 2013), the Court of Appeals of Indiana reviewed a decision denying defendant, a medical device manufacturer, summary judgment on preemption grounds. Plaintiffs sued defendant for alleged misrepresentations made orally by defendant’s “clinical specialist” sales representative to plaintiff’s surgeon during surgery. The trial court denied summary judgment on that claim and the court of appeals affirmed. The court of appeals held that a claim alleging wrongful oral advice was not preempted because the FDA does not regulate such advice.