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Lawsuit Claims Medtronic Promoted Device for Off-Label Uses

CourthouseNews.com reports on a lawsuit involving the Medtronic InfuseBone Graft, and alleged “off-label” marketing by Medtronic. Here are excerpts:

Medtronic pays doctors to promote a medical device for off-label uses, and the InfuseBone Graft is “unreasonably dangerous” because its active ingredient can travel from the implant site to the esophagus or trachea, turning soft tissue into bone, a married couple claims in Los Angeles Superior Court.

John and Robin Webb say the U.S. Food and Drug Administration approved Medtronic’s InfuseBone Graft only for lumbar, dental and tibial surgeries, but that Medtronic recommends it for cervical spine fusions.

The product allegedly netted $815 million for Minnesota-based Medtronic in fiscal year ending April 2008.

The Webbs say using the bone graft in cervical spine surgeries is “unreasonably dangerous for the patient” because the active ingredient can travel to the esophagus or trachea, causing calcification, and making it difficult to swallow, breathe or eat.

“While physicians may use FDA-approved medical devices in any way they see fit, companies are not permitted to … pay doctors inducements or kickbacks to promote off-label uses,” according to the complaint.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at KraftLaw.com. You will find many more articles and links. Thank you for your time.

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