Medtronic Infuse Bone Graft Class Action Lawsuit

Harvey Kirk

By Harvey Kirk
Posted December 12, 2008


As a result of false statements which failed to disclose issues with their liquid bone stimulator, a Medtronic Infuse Bone Graft class action lawsuit has been filed by shareholders of Medtronic, Inc. The complaint alleges that Medtronic failed to disclose that a large portion of their revenue with the Infuse Bone Graft was from “off-label” sales and hid the fact that Medtronic was unlawfully marketing and encouraging use of the product for unapproved applications.

The class action lawsuit stems from recent reports of an investigation by the Justice Department that suggest Medtronic was actively marketing and promoting their bone stimulator for use in the cervical spine and other unapproved uses, which have been associated with a high rate of complications, such as compression of the airway or nerves, and possible death.

The Medtronic Infuse Bone Graft is only approved for use in the lumber spine and for certain dental procedures. It is designed to avoid the need to harvest bone from the hip, using a liquid bone stimulator, known as human bone morphogenetic protein, or BMP, to encourage bone growth and help replace spinal disks that are damaged.

Due to the close proximity between the cervical spine and the airway, use of the Medtronic bone graft during neck fusions could cause problems like:

  • Difficulty Breathing
  • Difficulty Swallowing
  • Difficulty Speaking
  • Nerve Damage
  • Death

The Medtronic Infuse Bone Graft class action lawsuit was filed on behalf of investors who were shareholders of Medtronic, Inc. between November 19, 2007 and November 17, 2008, alleging that the company concealed and failed to disclose the extent of their Infuse Bone Graft problems and the degree to which their revenue for the flagship product was reliant on “off-label” use and their illegal promotion.


For cervical fusion or neck surgery patients who have been injured as a result of the off-label use, the Medtronic Infuse Bone Graft lawyers at Saiontz & Kirk, P.A. are investigating and reviewing the potential for lawsuits on behalf of individuals throughout the United States. If you, a friend or family member have experienced problems, request a free consultation and claim evaluation.

1 Comment • Add Your Comments

  • darin says:

    I had l5 s1 fusion done back in 10 -2007 ,since then – have had extemily weak ejaculations and for the first year almost nO ejaculation discharge .I shared this imformation with my dr and he told me its nothing to be concerned with, “keep trying” was his advise “maybe it will come back”. Has anybody experienced this problem ? After fusion ?

    Posted on October 25, 2011 at 12:05 pm

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