As a result, Ms. Martin was implanted with OP-1 in an unapproved off-label manner, causing her permanent, severe, disfiguring, disabling and debilitating injuries, according to the complaint allegations. Specifically, she claims that the mixture of OP-1 and the synthetic bone void filler eventually migrated away from the surgical site and into Ms. Martin’s spinal canal, and that she began to develop unwanted/ectopic bone over her nerve roots, which required an unsuccessful remedial surgery.
Ms. Martin has never recovered from her injuries, the ectopic bone growth and her nerve damage. Her injuries have left her permanently disabled wherein, despite being in her late thirties, she is no longer able to work, requires the daily assistance of a home nurse and lives in constant pain.
Her lawsuit alleges that Stryker® failed to adequately warn the public about the risks and lack of effectiveness of OP-1, and that the design of OP-1 was unsafe, defective and unreasonably dangerous. Further, that Stryker® negligently misrepresented the safety of OP-1 and engaged in a widespread illegal marketing campaign in which Stryker® employees urged the use, purchase, and off-label utilization of OP-1. And finally, it claims that Stryker® expressly and impliedly warranted to physicians and other members of the general public that such a use of OP-1 Putty, and its mixture with unapproved devices, was safe and effective even though the company allegedly knew otherwise.