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Lawsuit Filed Against Medtronic and Styker For Fraudulent Promotion of Bone Growth Products

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April Cabana of Rancho Cucamonga, California has filed a lawsuit in Los Angeles county Superior Court, alleging that Styker Biotech and Medtronic, Inc., fraudulently promoted their Calstrux bone void filler, OP-1 putty, and Infuse Bone Graft, for unapproved, off label uses that caused her serious injury.

According to the lawsuit, Cabana had back surgery after suffering a herniated disk during a car accident. Calstrux and OP-1 were used in her back surgery, causing excessive bone growth and migration in her back and nerve compression and severe pain. During a second surgery to remove the ‘bone of unknown origin’, and the INFUSE Bone Graft made by Medtronic, Inc which failed to help Cabana’s condition and her pain got worse.

The Spine Journal reported that Medtronic failed to accurately report clinical trial side effects, and that many of the authors who studied and promoted the INFUSE Bone Graft had financial ties to the company, the Graft could cause severe spinal cord and nerve problems, and that promoted off-label uses could cause severe side effects.

The lawsuit seeks damages for negligence, strict liability, breach of express and implied warranty, fraud, negligence per se and medical malpractice.

 

breakinglawsuitnews.com disclaimer: This article: Lawsuit Filed Against Medtronic and Styker For Fraudulent Promotion of Bone Growth Products was posted on Monday, July 18th, 2011 at 6:03 pm at breakinglawsuitnews.com and is filed under Medical Device Lawsuits.

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