Almost 1,000 people have filed suit against Medtronic, a spinal implant manufacturer, and they’re expecting many more.
The morphogenetic protein-2 (BMP-2) product, Infuse, used in spinal surgeries, has been wrought with claims of cancer, sterility in men, and unwanted bone growth.
The implant is a biologic agent used to stimulate bone growth, and has been implanted in the spine of over one million people.
Many are claiming that Medtronic used inappropriate sales and marketing practices to promote the implant, and the potential side effects were unknown or unclear in many cases.
Company spokeswoman Cindy Resman says that many cases are in the early procedural stages, and have failed to assert any liability against Medtronic. Some rulings have even resulted in dismissals and many others have limited claims against the implant.
According the Richard Deyo, a professor of family medicine at Oregon Health and Science University, the BMP-2 implant claims are reminiscent of other touted medical products which became popular in the market, to only later be found harmful to patients.
Although many of the implant cases may just be attorney’s drumming up business, he believes that others may indeed represent individuals that were harmed.
He believes companies just view this as the cost of doing business.
The lawsuits allege that the product was never really shown to be beneficial to the patients, and ended up causing more harm than good.
Medtronic does not seem too concerned. In its securities findings, the company stated:
“…[Medtronic] cannot reasonably estimate the range of loss, if any, that may result from these matters,”
Many of the suits may come from so called “off-label” implants, where the patients received the implant through inappropriate or unapproved means.
There are still many out there that may have viable claims, however. If you have been fitted with a Medtronic implant and are experiencing complications, consult with an attorney immediately. Don’t let the baseless claims of others deter you from pursuing your own claim for damages.
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