(PRWEB) September 07, 2012
Last week according to Law360, a Los Angeles Superior Court judge ruled that a case (Case No. BC465313) involving a woman suffering injuries from a surgically implanted Medtronic INFUSE Bone Graft must be allowed to proceed.
Plaintiff April Cabana (Case No. BC465313) was experiencing excessive bone growth (just one of the INFUSE Bone Graft’s allegedly debilitating side effects) after having the device surgically implanted in her neck to cure her back pain; a use that is NOT approved by the FDA. Medtronic, the manufacturer who is accused in the lawsuit of fraud and negligence, was seeking to have the lawsuit dismissed with a motion for summary judgment because of preemption, a legal principle that prevents patients from suing medical device manufacturers over a product approved by the FDA. A court will grant a motion for summary judgment where the court decides that there is no genuine dispute as to any material facts, meaning that the case can only be logically decided for the party making the motion.
Judge Michael Paul Linfield disagreed with Medtronic’s contention that no dispute existed and that they were entitled to a judgment without having to go to trial. The judge held that the woman who claims to have been injured by this device will have her day in court, reasoning that her claim was based on the allegation that Medtronic promoted unapproved uses for the device.
Attorney Paul d’Oliveira, President of d’Oliveira & Associates, stated “The judge made the correct ruling here and I personally find this type of case to be just another example of how far too many big corporations continue to put profits ahead of people. This company is guilty of gross negligence by telling doctors that it was safe to use their medical device in the neck area without first testing to see if it was actually safe. And now they file a motion to get off the hook by some technicality? Thank God Judge Linfield made the right decision here. I am sorry to say that we see this type of malfeasance happening all too much now in this country and unfortunately the only way to stop it is to make these companies pay people they have harmed.”
The INFUSE Bone Graft is implanted during surgical procedures to stimulate bone growth and replace damaged spinal discs. After initial approval by the FDA to treat degenerative disc disease, open fractures of the tibia, and limited use in the lumbar spine (lower back), the INFUSE Bone Graft has been marketed and used for procedures outside the scope of the FDA’s approval, such as in the cervical spine (the neck). Medtronic has been accused of paying doctors millions of dollars to write articles in medical journals advocating off-label use such as the procedure that caused this plaintiff’s injuries.
Post-surgical complications and side effects linked to the INFUSE Bone Graft include:
Medtronic advertises itself as a “world leader in medical device technology and therapies.”
By allowing this case to proceed, the road is paved for other Medtronic INFUSE Bone Graft lawsuits to follow. If you believe that you or one of your loved ones have been injured by Medtronic INFUSE Bone Graft, you may want to speak with a personal injury attorney regarding a potential claim. d’Oliveira & Associates, P.C. is working with some of the leading lawyers in the country who are handling these cases. Patients are also urged to consult their doctor as soon as possible. They want to ensure that all potential Medtronic INFUSE Bone Graft clients understand that there is absolutely no fee unless a settlement is reached, or an award is won.
For a free legal consultation, call 1-800-992-6878 or visit their website at Bone Graft Lawyer