Injury Lawyer Comments on Regulations Which Would Require More Disclosures from Medtronic and Other Device Manufacturers

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d’Oliveira & Associates supports the new regulations which would require medical device manufacturers to disclose financial ties with doctors and other healthcare providers.

New Regulations on Medtronic Infuse Bone Graft would require more Disclosures

Medtronic Infuse Bone Graft Infographic from d'Oliveira & Associates

Patients should have the right to know if their physician is getting paid by a certain drug company or has a financial interest in something that they are prescribing.

A recent article by the Star Tribune explains the Physician Payment Sunshine Act, which is part of the Affordable Care Act. The federal law required compliance from healthcare companies as of August 1, 2013. It requires these companies to report payments such as consulting fees, research support, and travelling expenses that exceed $100 in a given year. The law was passed because of “growing concerns that health companies were gaining inappropriate influence over research, education and clinical decisions.” Senator Klobuchar from Minnesota stated, “Patients should have the right to know if their physician is getting paid by a certain drug company or has a financial interest in something that they are prescribing.” According to the article, the Senate Finance Committee investigation of Medtronic highlighted the need for such disclosures. The Committee reported that Medtronic paid doctors $210 million in royalties and consulting fees. Senator Chuck Grassley from Iowa stated, “Infuse is an example of what this is aimed at, but it isn’t just aimed at Medtronic” (i).

Read the final rule on the Federal Register by visiting:

Attorney Paul d’Oliveira stated, “In my opinion the quote from Justice Brandeis that ‘sunlight is said to be the best of disinfectants’ is especially true in the area of healthcare. In this area, disclosure is an important tool for both customers and consumer watchdogs. In an ideal world doctors would make medical decisions based solely on their patient’s best interests. Unfortunately, in some cases a doctor’s medical decision is improperly influenced by a medical device manufacturer. Recent Infuse Bone Graft lawsuits have alleged that Medtronic improperly influenced medical decisions.”

It has been alleged that the Medtronic Infuse Bone Graft can cause uncontrolled bone growth. This type of bone growth may be life-threatening if it occurs near the neck (ii). d’Oliveira & Associates has been reviewing the safety of medical devices such as the Medtronic Infuse Bone Graft. The law firm works with some of the more experienced Medtronic lawyers and there are no legal fees until a settlement or award is obtained. Contact the firm by calling 1-800-992-6878 or submit a contact form online.

(i) Star Tribune, July 28, 2013.
(ii) David et al. v. Medtronic Inc. et al (No. BC-510542, complaint filed, Cal. Super. Ct., L.A. County May 31, 2013).

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Paul d'Oliveira
d'Oliveira & Associates - RI and MA Personal Injury and Disability Lawyers
since: 07/2010
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