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According to Reuters, insurer Humana Inc has filed a lawsuit against Medtronic accusing it of falsely representing its Infuse bone growth-stimulation product as safe and effective in spinal fusion surgeries.
The lawsuit, which was filed earlier this month in a Tennessee federal courthouse, alleges that Medtronic paid for academic literature that fraudulently portrayed the product as safe and effective for uses not approved by the U.S. Food and Drug Administration.
The device at question in the lawsuit, Infuse, contains a bioengineered protein product that is intended to be used as an alternative to conventional spinal fusion that normally requires harvesting a small amount of bone from the patient’s hip.
Earlier this month, Medtronic agreed to pay $22 million to settle current claims over Infuse, and announced that it was setting aside $140 million for expected lawsuits relating to the product.
In its lawsuit, Humana claims that it paid for the use of Infuse “when less expensive and more medically sound alternative procedures were available.” It accuses Medtronic of a “sophisticated and deeply deceptive marketing strategy” that was hatched to sell the product.
This includes allegations that Medtronic paid and encouraged spinal surgeons to use the products, while overstating its benefits and downplaying risks.
Nationally, Infuse has been implanted in more than 1 million people. The product has been linked to complications including sterility, chronic pain, uncontrolled bone growth, nerve injuries and cancer.
How Do I File a Defective Medical Product Lawsuit?
Our attorneys file personal injury and wrongful death lawsuits, which hold manufacturers like Medtronic liable. Contact us today if an Infuse product has injured you.
Zoll, Kranz & Borgess, LLC – Defective Medical Drug and Device Lawyers
Source: http://www.reuters.com/article/2014/06/02/medtronic-humana-lawsuit-idUSL1N0OJ1OE20140602
Michelle is a founding partner of Zoll & Kranz, located in Toledo, Ohio. Michelle has been a plaintiff’s lawyer for the entirety of her practice – over 32 years. She devotes the majority of her time to complex consolidated litigation and class action including advocating for people injured by medical devices, prescription medications, or corporate negligence.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Zoll & Kranz, LLC and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced Ohio injury lawyer, Michelle L. Kranz, you can do so here.
Zoll & Kranz, LLC does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
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