There have been a variety of lawsuits filed by InFuse Bone Graft lawyers, and attorneys.  Our law firm is reviewing InFuse Bone Graft legal claims and our attorneys are available to discuss your potential InFuse Bone Graft lawsuit with you.  The types of lawsuits that a victim may want to consider with his or her InFuse Bone Graft attorney include claims for medical malpractice against the doctor and a medical device case against Medtronic, which is the manufacturer of the InFuse Bone Graft.  Medtronic may have legal exposure because its sales representatives may have encouraged the doctor to use the rhBMP or InFuse Bone Graft off-label.

For example, a woman from Minnesota is pursuing a lawsuit focused on off-label use and Medtronic salesman Curt Messler’s relationship to her spinal surgeon.  According to the Wall Street Journal (WSJ), Mr. Messler said in his depositions in the case that he was with Dr. Wellman in the operating room “a lot” when he used the InFuse, which was implanted for an off-label use.  Mr. Messler also said that he considered Dr. Wellman a friend and said the men saw each other socially.  Dr. Wellman denies any malpractice and claimed in his deposition, according to the WSJ, that Mr. Messler encouraged him to use the Medtronic InFuse in cervical spine operations, and that he has done so in more than 100 surgeries using the InFuse Bone Graft.  While Ms. DeNeui sued only her doctor, she did not sue Medtronic because the company reached a confidential settlement with Ms. DeNeui of possible claims.  An InFuse Bone Graft lawyer can help victims evaluate potential claims and the likelihood of achieving a similar settlement with Medtronic.

More recently, on December 3, 2008, the WSJ reported that the first wrongful death lawsuit related to a Medtronic Cervical InFuse Bone Graft was filled in California.  The family of a California woman who went into respiratory arrest and died after neck surgery filed a lawsuit blaming her death on the InFuse Bone Graft.  The lawsuit, filed in federal court in Los Angeles, is the first to allege that InFuse was responsible for a death.  It echoes allegations made in lawsuits filed in 2002 and 2003 by former employees of Medtronic’s spinal division.  Also, like other cases, the family of the victim in the California wrongful death lawsuit alleges that a Medtronic salesman was in the operating room during the surgery and urged the surgeon to use the InFuse Bone Graft procedure in the neck even though such use was not FDA-approved.  The surgery allegedly took place on August 21, 2008, approximately seven weeks after the FDA had warned that InFuse in neck surgery had caused “life-threatening complications.”  The suit alleges that the victim went into respiratory arrest, degenerating into a vegetative state, and then was “kept alive by artificial means” until she died on August 30.  The California lawsuit represents the potentially fatal nature of the side effects from the InFuse Bone Graft.

Seek Legal Help Today From an InFuse Bone Graft and rhBMP Lawyer or Attorney

If you or a loved one underwent spine graft surgery in the neck area and suffered an allergy like reaction, contact our attorneys and lawyers today for a confidential free lawsuit evaluation to determine whether rhBMP or the InFuse Bone Graft was used in your surgery and caused your injuries.  You may have claims against the surgeon, Medtronic and/or Wyeth for the off-label use of rhBMP and the InFuse Bone Graft and entitle to compensation.  Contact us today.

Published November 17, 2011 by