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Medtronic Files Motion to Dismiss Bone Graft Lawsuit


The personal injury attorneys at Nadrich & Cohen LLP have been researching and investigating recent developments involving the Infuse Bone Graft. As you may recall, we recently reported about some shocking news, indicating that the device maker Medtronic allegedly helped control the content of published papers praising its Infuse bone graft product. Information uncovered during a Senate investigation finds that Medtronic may even have contributed millions of dollars to doctors in exchange for their co-authorship of papers.

Now, in a more recent development, Medtronic has filed a motion to dismiss the whistleblower lawsuit that alleges malfeasance on the part of the company. Interestingly, Medtronic previously resolved another claim—to the tune of $23.5 million—alleging that the company violated the False Claims Act by using physician payments and kickbacks to persuade doctors to us the company’s products. This time around, the company is fighting to clear its name.

Medtronic’s Infuse Bone Graft has been the subject of great controversy after it was approved by the FDA in 2002, as the United States Senate Finance Committee confirmed evidence of fraud and illegal kickbacks. Medtronic has not commented on the specifics of the fraud allegations, but maintains its innocence in light of these allegations.

The Infuse Bone Graft was approved to treat anterior approach spinal fusions in the lumbar spine (lower back) in patients with degenerative disc disease, but has been linked to some life-threatening complications, including difficulty breathing, difficulty swallowing, compression of the airway, nerve damage, respiratory depression and even death. Medtronic is accused of paying doctors to downplay these risks while over-inflating the benefits of Infuse.

The FDA points out that most Medtronic Infuse complications have occurred between 2 days and 2 weeks following surgery. While the matter is still under investigation, Medtronic remains defiant in the face of these very serious allegations, and it is yet to be seen whether their Motion to Dismiss will carry any weight in the whistleblower lawsuit.

Have you or someone you love received an Infuse bone graft and suffered serious complications as a result? If so, you may be entitled to compensation. Mounting evidence demonstrates that Medtronic used extremely dishonest and manipulative tactics to obtain FDA approval and market its device, and countless victims have been left to suffer as a result.

Call an Infuse bone graft attorney at Nadrich & Cohen today, at 1-800-718-4658 for a free consultation. We are aggressive, experienced and knowledgeable, and we have recovered more than $1 billion for our personal injury clients. Don’t hesitate another moment. Give us a call today.

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