Parker Waichman LLP

Device Maker, Medtronic, Accused of Having Shady Ties with Physician Consultants

Medical device maker, Medtronic Inc., edited journal articles and paid physicians massive sums for Medtronic-sponsored studies of its Infuse® bone-grafting product, according to a U.S. Senate Finance Committee report. Over the last several years, Medtronic has been embroiled in controversies that have shed doubt on the safety of Infuse® and the company’s marketing of the […]

shady medtronic consultantMedical device maker, Medtronic Inc., edited journal articles and paid physicians massive sums for Medtronic-sponsored studies of its Infuse® bone-grafting product, according to a U.S. Senate Finance Committee report. Over the last several years, Medtronic has been embroiled in controversies that have shed doubt on the safety of Infuse® and the company’s marketing of the product.

The Committee’s report—which followed a 16-month investigation involving 5,000 documents and 13 separate Infuse® studies—just revealed that ties between Medtronic and its physician consultants were questionable, said Reuters. Medtronic Inc. is being accused of ghost writing sections of 11 medical papers and of paying physician consultants in the hundreds of millions of dollars in so-called “consulting fees” in exchange for promotion of Infuse®, the U.S. Senate investigation found, said Bloomberg Businessweek.

“Medtronic was involved in drafting, editing, and shaping the content of medical journal articles authored by its physician consultants who received significant amounts of money through royalties and consulting fees from Medtronic,” Senator Max Baucus (Democrat-Montana), the Committee chair, and Senator Charles Grassley (Republican-Iowa), said in a statement, wrote Businessweek.

None of the 13 Medtronic-funded clinical trials reported Infuse® side effects, despite that data provided to the U.S. Food & Drug Administration (FDA) revealed that at least half of all patients treated with Infuse® suffered complications including infections, pain, cysts, and cancer, said Businessweek. The Committee inquiry initiated in June 2011 probed surgeons paid by Medtronic who had not reported Infuse®-related complications. Analysis was published in The Spine Journal one week after the inquiry.

According to the government report, the device maker paid some $210 million in royalties and consulting fees to the authors of its company-sponsored studies from November 1996 through December 2010, wrote Reuters. At issue is that none of the studies mentioned complications associated with Infuse®, such as male sterility, increased cancer risks, infections, bone dissolution, and increased back and leg pain.

“The company’s significant role in authoring or substantively editing these articles was not disclosed in the published articles. Medical journals should ensure industry role contributions be fully disclosed,” said the Senate Committee on Finance report, according to Reuters. “The findings also should prompt medical journals to take a very proactive approach to accounting for the content of the articles, along with the authorship of the articles and studies they feature,” said Chuck Grassley (Republican-Iowa). Senator Grassley is a senior member of the Committee, which has, explained Reuters, sole jurisdiction over Medicare and Medicaid.

The Committee also accused Medtronic of wrongly promoting Infuse® as better than using bone grafts from the pelvis, said Reuters. Medtronic issued a statement in which it said it “vigorously disagreed” with the Committee’s allegations that it either influenced or authored publications or minimized the reporting of adverse events. “In addition, the report’s characterization of payments received by physicians is also misleading and unfair,” Medtronic argued.

As we’ve explained, Medtronic Infuse®—approved by the U.S. food & Drug Administration (FDA) in 2002 to stimulate spine growth in patients suffering from lower spinal degenerative disease—is a synthetic form of recombinant human Bone Morphogenetic Protein (rhBMP-2) that is approved for use in one type of spinal surgery and some dental procedures. The product is used, for the most part, in off-label procedures.

“Medtronic’s actions violate the trust patients have in their medical care,” Senator Baucus said, wrote Businessweek. “Medical journal articles should convey an accurate picture of the risks and benefits of drugs and medical devices, but patients are at serious risk when companies distort the facts the way Medtronic has,” the Senator added.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Wow I have never had such a positive review of a law firm and I guess it’s because they never get it all right. This law firm did and they were the ultimate in professional acumen, business acumen and they made what I thought would be a hard process very easy. Tina Morace was the ultimate para legal who when I called and or had a question if was in a call,on vacation or busy made sure to make me a priority and return all my calls within half hr. Service like this makes me and will make me always recommend this law firm and to feel comfortable doing so. Tina’s service I hope will be recognized as she is the ultimate professional and made me feel comfortable for the whole two year process. Have an awesome day and once again they are awesome.
Cleveland Bannister
3 years ago
5 Star Reviews 150
This is a quality organization. My paralegal, Tina Morace ,has shown incredible expertise in the handling of my VCF claim. She has kept me jinformed every step of the way and has offered her expert advice as appropriate. She has made a real difference during this trying time.
Nicholas Mannarino
6 months ago
5 Star Reviews 150
They are so friendly is crazy there so into there work they made me feel like family and I live in the mid-west I would recommend them to anybody thanks Parker waichman
Chris Jabouin
6 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038