Becker's ASC Review

July_August_2019_ASC

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58 ORTHOPEDICS Johnson & Johnson wins titanium rod product liability suit — 4 insights By Eric Oliver A state court unanimously ruled in favor of Johnson & Johnson and DePuy Syn- thes in a product liability suit over the company's Synthes Matrix Screw Rod System, the Connecticut Law Tribune reports. A Hartford (Conn.) Hospital surgeon used the company's Matrix system during a 2012 surgery on Raymond Ferrari. e system's titanium rod fractured during surgery, which destabilized Mr. Ferrari's thoracic and lumbar spine. Mr. Ferrari suffered from muscle spasms, pain and spinal instability as a result. He sued J&J and DePuy in March 2016, claiming the Synthes Matrix Screw Rod System was defective. What you should know about the proceedings: 1. e plaintiff and defense agreed to disclose expert witnesses by Jan. 15, 2017. Mr. Ferrari's attorneys never brought forward any expert witnesses. e defense requested a summary judgment as a result. 2. Mr. Ferrari's team argued against the sum- mary judgment request. ey said expert testi- mony was not needed to note a product's faults. e Connecticut Appellate Court disagreed, stating expert testimony was needed to establish causation. 3. J&J's team established that the risks associated with the system were well documented. Hartford Hospital's Paul Schwartz, MD, PhD, said he spoke to Mr. Ferrari about the risks associated with the system before his surgery, and Mr. Ferrari's team noted the implant system was ac- companied by several product warning inserts. 4. e Connecticut Appellate Court unani- mously granted J&J summary judgment, noting that the plaintiff failed to produce an expert witness and couldn't prove the Matrix system was defective. Connecticut Law Tribune said it was unclear whether Mr. Ferrari would appeal to the Supreme Court. A representative of J&J's legal team said, "Johnson & Johnson was pleased with the result and thought it upheld the quality of their product." n OrthoCarolina opens new spine, orthopedics center in North Carolina By Alan Condon O rthoCarolina has opened a new center in Lincolnton, N.C., ex- panding its services to patients of Lincoln County. Four things to know: 1. The new location will focus on general orthopedics, spine, sports medicine, shoulder, elbow, hand and physiatry. 2. Orthopedic surgeons Verano Hermida, MD, and Jason Wong, MD, will see patients at the new facility and perform surgeries at the adjacent Atrium Health Lincoln. 3. Traveling providers include orthopedic surgeons Jeremy Johnson, MD, Peter T. Hurley, MD, Mark McGinnis, MD, Joshua Smith, MD, and spine surgeon Jeffrey Knapp, MD, among others. 4. OrthoCarolina now has 32 orthopedic facilities across North and South Carolina. n Colorado jury awards $2.8M to paralyzed man after hospital failed to recognize spinal injury By Alan Condon S amuel Chifalo was awarded $2.8 million by a jury after staff at Parkview Medical Center in Pueblo, Colo., failed to recognize his spi- nal injury during an emergency room visit, reports The Denver Post. Mr. Chifalo's attorneys claim he sought care at Parkview Medical Center's ER after a fall in 2016. He was discharged without being diagnosed or treated for his spinal injury. Mr. Chifalo is now paralyzed, according to the report. The jury rendered a decision after a nine-day trial. n Medtronic cuts senior position amid restructuring By Angie Stewart M edtronic's senior director of corporate communications left the company because his position was eliminated, the StarTribune reports. Fernando Vivanco's position was cut as part of a corporate restructuring, Medtronic said in a memo to employees. Rob Clark, chief communications officer, is the top communications leader at Medtronic. The device-maker has an estimated 35 media spokespeople worldwide. n

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