$22 Million Settlement for Bone Graft Lawsuits
Medtronic, Inc. promoted and sold the use of Infuse, a product that is used as a bone graft substitute. The Infuse product was promoted and sold off-label. Unfortunately, the product caused multiple injuries to patients who were introduced to this product in a surgery. There have been about 1,000 lawsuits filed. The settlement reached for about $22 million will take care of about 950 individual personal injury cases brought against Medtronic.
Many cases are in the early stages of the litigation. Just recently, the California Supreme Court granted Medtronic’s petition for review in a personal injury lawsuit that was filed in state court. The California Supreme Court found that the state lawsuits were not preempted by the federal Food, Drug and Cosmetic Act.
In the California state case, it was alleged that the Infuse implantable device was used to strengthen the patient’s vertebral disks. Infuse was approved for use by the U.S. Food and Drug Administration (FDA) where device was inserted by surgeons making an incision in the patient’s abdomen and then placing the Infuse bone graft in disk space in the spine. The state court case in California was not covered by the settlement that was announced.
In a general way, the Infuse bone graft was designed to help individuals suffering from prolonged back and spine problems. The lawsuits alleged that Medtronic was concealing the side effects of the use of the bone graft. In fact, there were two whistleblower lawsuits that were filed by the U.S. Department of Justice in 2006. Those whistleblower lawsuits resulted in a $40 million settlement that was paid to government.
The Infuse bone graft has been associated with infections, bone and nerve injuries, urinary incontinence and an increased risk of cancer.
If you or someone you know has received an Infuse bone graft, you may be eligible for compensation as a result. Please call us for an immediate free consultation.
Robert Kreisman of Kreisman Law Offices has been handling medical device defect injury cases. Kreisman Law Offices has prevailed in trials and settlements in Chicago, Illinois and surrounding communities and has successfully resolved cases for those injured in medical device defect cases.
With our 40 years of experience in trying and settling medical device defect cases, Kreisman Law Offices provides the best possible services to our clients and have achieved unsurpassed results. Our service is unmatched. Please call us 24 hours a day at 312.346.0045 or toll free 800.583.8002 for a free and immediate consultation, or complete a contact form online. There is no charge for a consultation that will include an evaluation of your case, assessment of damages such as lost income, lost wages, medical and hospital bills, past and future pain and suffering, loss of normal life and wrongful death.