Parker Waichman LLP

Medtronic Profits Plummet Amid Infuse® Troubles

The legal costs involved with its Infuse® bone growth product have led to a profit fall for Medtronic. 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) […]

troubles caused by medtronicThe legal costs involved with its Infuse® bone growth product have led to a profit fall for Medtronic.

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) 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 and the product’s approval was based on research funded by Medtronic.

Meanwhile, Medtronic has been at the center of a conflict-of-interest scandal after a government report revealed that none of some 13 Medtronic-funded clinical trials reported Infuse® side effects, despite that data provided to the FDA revealed that at least half of all patients treated with Infuse® suffered complications. The U.S. Senate Finance Committee inquiry initiated in June 2011 probed surgeons paid by Medtronic who had not reported these Infuse®-related complications.

Medtronic Inc. just reported a 26 percent drop in its fiscal, second-quarter profit this week in the face of massive legal fees and flat sales of its heart pacer implants, said the Associated Press (AP). According to the AP, Medtronic has faced challenges trying to maintain its earnings growth against slow sales of its heart defibrillators and spinal implants, two of its top products.

In 2008, Medtronic enjoyed a 40 percent share of the spinal division, according to a prior Trefis.com report. As we’ve said, that figure was buoyed by sales of Infuse® and sales skyrocketed on news of its apparent successes.

Since, the market share enjoyed by Medtronic has dropped and has continually declined. That share now recently only stood at just 35 percent and analysts believed it would likely drop below 30 percent or lower, as long as news surrounding Infuse® continued its negative trend.

Medtronic faces increased federal scrutiny and mounting legal pressure from the many recipients of Infuse®. In addition to manipulating safety data and misleading surgeons and would-be recipients of the product, Medtronic also actively promoted the use of Infuse® for off-label purposes.

While Infuse® is only approved for select spinal fusion surgeries, Medtronic was actively marketing its use to surgeons in other surgeries, including those on the neck as it attempted to gain FDA approval. This has resulted in numerous reports of complications that have caused severe and life-threatening injuries. Those adversely affected by Infuse® have suffered excessive bone growth, severe pain and inflammation, some cases of male sterility, and cancer after receiving the bone growth product in their surgery.

Many recipients claim they were never warned of the dangers of Infuse® before it was used in their surgery and, as times goes by, they, along with federal regulators and company shareholders, are learning of the means by which Infuse® reached the market and bolstered the company’s bottom line.

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
I would like to give a sincere thank you to Ms. Benita Rollis her professionalism and demeanor was outstanding very helpful in my case she kept me informed she reach out to me by telephone calls and emails, very pleasant and understanding I thank you for all of your help. Sincerely,
Celeste Henderson
2 months ago
5 Star Reviews 150
Just wanted to say thank you Parker Waichman it has been a long fight through this event also would like to thank Ms Stacy for hanging in there in keeping me updated. She did an outstanding job with a lot of care Great team work
miguel ortiz
9 months ago
5 Star Reviews 150
Positive: Professionalism , Quality , Responsiveness , Value They settled a personal injury case for me very much to my satisfaction. I really want to thank my paralegal, Kathy Snedecor, for all her assistance. She was the one who stayed on top of things and tirelessly helped me through this tumultuous process.
Frank Borgi
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