Medtronic Infuse Side Effects Lawsuit | Medtronic Infuse Lawsuits
Many patients who have received off-label use of the Infuse bone graft in their spine were not informed of the off-label nature of the surgery, and/or were not told of the potential risks of serious and permanent injuries related to such use of Infuse.
Lieff Cabraser represented the family of a patient that received Infuse in surgery on her neck (an off-label use) and subsequently died from complications allegedly caused by Infuse. The matter was ultimately resolved confidentially with all defendants.
In recent Medtronic Infuse side effects lawsuits filed by patients represented by Lieff Cabraser, the Infuse complaints charges that:
- When Infuse is used off-label, such as in a posterior-approach spine surgery, it often causes “ectopic” or “exuberant” bone growth onto or around the spinal cord. When nerves are compressed by ectopic/exuberant bone growth, a patient can experience, among other side effects, intractable pain, paralysis, spasms and cramps in limbs.
- Medtronic either recklessly or intentionally minimized and/or downplayed the risks of serious side effects related to the use of Infuse, including but not limited to the risk of ectopic or uncontrolled bone growth.
- The actual rate of incidence of these serious side effects is much greater than the rate disclosed by Medtronic or these Medtronic-sponsored studies to physicians or to the public.
- Because of Medtronic’s wrongful conduct, hundreds of patients, underwent surgeries without knowing the risks created by off-label use of Infuse.
Legal Rights of the Injured
The law in most states provides several personal injury claims for persons who have been seriously injured by a medical product. These claims include strict liability for a defective product, breach of warranty, negligence, and misrepresentation. Damages sought against medical companies for dangerous and undisclosed side effects and injuries include:
- Physical pain and suffering, mental anguish and physical impairment;
- Medical expenses, past and future; and
- Loss of earnings and/or earning capacity.
In the case of a patient’s death, the family of the victim may file a wrongful death action and seek damages.