Parker Waichman LLP

Did Medtronic Promote Dangerous Off-Label Use of Infuse Bone Graft?

Off-label use of Medtronic’s Infuse Bone Graft has been linked to serious, life-threatening complications in some patients.  According to a new report in The Wall Street Journal, there is some evidence that Medtronic may have promoted the off-label use of the Infuse Bone Graft.  Promoting the off-label use of a medical device is illegal, although […]

Off-label use of <"https://www.yourlawyer.com/practice_areas/defective_medical_devices">Medtronic’s Infuse Bone Graft has been linked to serious, life-threatening complications in some patients.  According to a new report in The Wall Street Journal, there is some evidence that Medtronic may have promoted the off-label use of the Infuse Bone Graft.  Promoting the off-label use of a medical device is illegal, although doctors are allowed to use a device anyway they see fit.

Infuse Bone Graft contains recombinant human Bone Morphogenetic Protein (rhBMP-2), a protein released naturally by the body.  It is approved to treat a spinal condition called Degenerative Disc Disease, as well as open fractures of the tibia.  It is also approved for use in two dental bone grafting procedures: sinus augmentation and localized alveolar ridge augmentation.  According to Medtronic’s Website, the Infuse Bone Graft  provides a scaffolding where new bone can grow. 

In July, the Food & Drug Administration (FDA) warned that the use of  the Infuse Bone Graft had caused serious problems when it was used off-label in cervical spine (neck) surgeries.   The agency said it received 38 reports over four years of side effects, mainly swelling of neck and throat tissue, which resulted in compression of the airway and other structures in the neck. Patients reported difficulty swallowing, breathing and speaking. Several required emergency treatment, including tracheotomies and the insertion of feeding tubes, as well as second surgeries.

But according to  The Wall Street Journal, the Infuse Bone Graft has injured many patients after it was used in other off-label situations. The Journal said that most these complications cases involve unwanted bone growths near nerves or in areas outside targeted fusion sites. That can lead to pain, repeat surgeries and, in some cases, emergency intervention.

Apparently, off-label use of the Infuse Bone Graft is quite common.  According to the Journal, at least three-quarters of the roughly 200 “adverse events” reported to the FDA involve off-label uses of the product.

Medtronic says it doesn’t promote off-label use of its medical devices.  But doctors paid by Medtronic are free to speak and write about off-label use of Infuse.  And according to The Wall street Journal, some of the most influential spine surgeons in the country are paid consulting fees by Medtronic, and some even  benefit from sales of the product through royalty deals.  These doctors have written positively about off-label use of the Infuse Bone Graft  on Websites, in medical journals and at educational meetings.

Infuse was approved in 2002, but before it was, The Wall Street Journal said the FDA had concerns about the product’s potential off-label uses.  At an advisory committee meeting discussing the product’s approval,  it asked FDA staff for recommendations on “guarding against off-label use of this product.”

According to transcripts of that meeting obtained by the Journal, Dr. Scott Boden, director of the Emory University Orthopaedics & Spine Center who helped present the committee with clinical trial data on behalf of Medtronic, told the panel that discussion about off-label use was “outside the scope of what we ought to be focusing on today.”  At the time he testified, Dr. Boden was being paid more than $100,000 a year by Medtronic, according to a lawsuit filed last year. Those payments continued at least through 2006, when he received at least $75,000, the Journal reports.

Despite the FDA advisory panel’s concerns about unapproved uses of Infuse,  by 2003 physicians were already favorably discussing such uses.  In May 2003, four surgeons wrote a report for the Website Spine Universe that cited favorable results from using Infuse in the neck area and for fusing larger numbers of vertebrae. The doctors did not provide data related to the cervical-spine results.

The authors included Atlanta surgeon Regis W. Haid Jr. and Emory University surgeon Gerald Rodts.  According to The Wall Street Journal, at least three of the four authors had financial relationships with Medtronic, but that was never mentioned in their article.  At that time, there were no rules requiring such disclosure.

Medtronic has also been named in three “whistleblower” lawsuits filed by former employees that alleged the company paid doctors to use Infuse Bone Graft and other Medtronic spine products. Medtronic agreed to pay $40 million to settle two of the cases, but admitted no wrongdoing.

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
Don't know where to begin, as I speak of ur honest n responsible worker Mrs. M.Josama if I had a law firm I would ask u to please except her resignation . She would have to work for my firm. One of a kind.
Ruth Rodriguez
4 years ago
5 Star Reviews 150
PW WAS FANTASTIC WHILE HANDLING MY WTC CASE. SHELLEY DAVIS WAS SUPERB, SHE MANAGED THE CASE WITH VERY LITTLE INPUT FROM ME. SHE CONTACTED ME WITH UPDATES AND WAS ALWAYS AVAILABLE TO ME WHENEVER I CALLED WITH A QUESTION. IF YOU HAVE A WTC CASE, JUST CALL THEM AND THEY WILL TAKE CARE OF ALL THE COMMUNICATING. IF ALL GOES WELL THEY SHOULD HAVE AN AWARD FOR YOU WITHIN 18 MONTHS. I AM VERY HAPPY THAT I CHOSE PW.
RAUL MORALES
3 years ago
5 Star Reviews 150
Positive: Professionalism Benita Rollis was very professional and caring. She returns my calls promptly and kept me updated on my case. Parker and Waichman please keep up the good work you have great person working for your company. I have no regrets
D Ferg
3 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