InFUSE is widely used by doctors in procedures that are considered “off-label,” or for purposes not specifically approved by the FDA. While doctors are allowed to use products off-label, companies are legally prohibited from marketing their products to doctors for off label use. Thursday’s report is just another chapter in an ongoing scandal surrounding Medtronic’s marketing practices.
“This represents a similar refrain to what the public is used to hearing about pharmaceutical companies and medical device makers ,” says Ronald L. M. Goldman, veteran trial lawyer and partner of Baum, Hedlund, Aristei & Goldman, currently handling numerous Medtronic InFUSE and Stryker OP-1 Putty medical device injury cases.
Mr. Goldman stated further, “Our long experience litigating on behalf of consumers convinces us that there is a disturbing trend among medical device and drug manufacturers to spend more on marketing and less on science; that the marketing departments control the data released, and sometimes overrule the science, in the interests of profits over truth and safety. Sadly, too many doctors, for big fees, are willingly complicit, resulting too often in devastating harm to patients.”
In August, a California state court judge issued a ruling in favor of a woman severely injured by InFUSE side effects, allowing her lawsuit against Medtronic to proceed. The lawsuit, filed by Baum, Hedlund, Aristei & Goldman on behalf of California resident April Cabana, accuses Medtronic of illegally promoting InFUSE for off-label use. Ms. Cabana claims that she was severely injured in an off-label surgery using InFUSE and another bone growth product. The ruling in California is believed to be the first in the U.S. to address the issue of preemption regarding InFUSE in a summary judgment motion.
Anyone experiencing severe pain or excessive bone growth after being implanted with a BMP (bone morphogenetic protein) medical device during spinal fusion or neck surgery, should contact lawyers specifically handling this litigation to seek maximum compensation for their injuries.