Martin Gavin has filed a lawsuit in the U.S. District for the Eastern District of Louisiana against Medtronic Inc., Medtronic USA Inc., and Medtronic Sofamor Danek USA Inc. over the Infuse bone graft, alleging the device caused abnormal bone growth in his spinal cord after having a lumbar fusion surgery.
According to the lawsuit, Gavin had a transforaminal lumber interbody fusion surgery in February 2011. Following that surgery, Gavin claims that he was unable to recover from the surgery, and suffered severe pain. He had to have epidural spinal injections, endure another surgery for the implantation of a transcutaneous electrical nerve stimulator, and have physical therapy.
The lawsuit also accuses Medtronic of concealing knowledge that the Infuse bone graft is “unreasonably dangerous” and from hiding the increased risks for patients concerning the development of cancer, bone overgrowth, respiratory depression, nerve damage, and death.
In the lawsuit, Gavin reports that he was not told that the Infuse bone graft was not approved or adequately tested for the type of spine surgery he had. Gavin charges the medical device maker with strict liability, breach of express warranty, inadequate warning, breach of warranty of fitness for ordinary use, negligence, breach of implied warranty, as well as violations of federal regulations.
The lawsuit seeks compensatory damages for permanent physical and emotional pain and suffering, medical expenses, economic losses, court costs and attorney fees.