We will help you answer these questions FREE OF CHARGE:
Do you now have symptoms different and/or more severe than before your surgery?
For instance, do you have pain now in a different location than before your surgery? Do you have difficulty walking or moving now, in ways you did not experience before your surgery? Do you have numbness now in areas of your body different than that before your surgery? Do you have full or partial paralysis in locations different from your prior surgery? Or, are your symptoms the same, but more severe? Contact us, we can help you find answers.
Did you receive an Infuse Bone Graft?
If you can answer this question YES, and you have some or all of the above symptoms, you may have a case and you should contact us immediately. We then can obtain your authorization to request your medical records directly from your hospitals and doctors. This will allow our medical experts to review your medical history to determine exactly why you are having these new, different or more severe symptoms and to confirm that you did have an Infuse Bone Graft that may explain these problems.
If you do not know whether your surgeon used an Infuse Bone Graft, your Operative Report likely will mention the use of Infuse, or Bone Morphogenic Protein (“BMP”) if this was used. If you do not have your operative report, you have a right to see this Operative Report and can request that your surgeon or hospital provide to you a copy of your Operative Report. Otherwise, contact us and we will request your medical records and review them for you.
Was the incision for your operation made from the back or side, versus the front?
If your surgical scar is on your side or back, versus the front, then Infuse Bone Graft was likely inserted in a manner unapproved by the Federal Food and Drug Administration (“FDA”). The FDA approved Infuse to be placed between the vertebrae of the Lumbar Spine while contained in a special surgical cage. The cage was to be inserted through an incision in the stomach. Infuse was required to be inserted from the front of the spine, making it very unlikely that excess bone growth would impinge or compress your spinal cord.
Despite the FDA’s caution, Medtronic convinced surgeons to use Infuse for all spine surgeries, including surgery with incisions through the back and side, despite the fact that Medtronic knew that the FDA did not find these methods to be safe. The result increased Medtonic sales of Infuse, but also dramatically increased the risk of injury or death to Infuse patients. Contact us, we can help you find answers.
Was Infuse inserted in your lower spine, mid-spine or upper spine?
Infuse was FDA approved mainly for treatment of the lower spine. Thus, if Infuse was used in the mid-spine or upper spine, you may have a case and should contact us immediately. If you are unsure where Infuse was inserted in your spine (lower- mid- or upper-spine), or which parts of your spine were affected, we will help you answer this and other questions by a FREE REVIEW of your medical records. Get in touch with Hissey Kientz, LLP
Should you contact us immediately?
YES! In many states, the chance to file your case may expire in as little as 1 year after you know you may have a lawsuit. It will take us a few months to gather and properly review your medical records; therefore, you MUST contact us immediately to give us time to answer these and other important questions. Don’t sleep on your legal rights, act today!