Becker's Spine Review

15 SPINE SURGEONS Dr. Neal ElAttrache defends orthopedic surgeries performed during COVID-19 crisis By Alan Condon O rthopedic surgeon Neal ElAttrache, MD, of Ce- dars-Sinai Kerlan-Jobe Institute in Los Angeles defended orthopedic procedures such as Tommy John surgery performed on professional sports players during the coronavirus pandemic, the San Francisco Chronicle reported. CMS on March 18 called for all elec- tive surgeries to be delayed during the COVID-19 pandemic. Since then, various MLB players have undergone Tommy John sur- gery, including the Boston Red Sox's Chris Sale, the San Francisco Giants' Tyler Beede and the New York Mets' Noah Syndergaard. The Kerlan-Jobe Institute reduced Tommy John surgeries by 90 per- cent by March 25. However, these procedures are too important for professional sports players' liveli- hoods to be deemed elective, ac- cording to Dr. ElAttrache. "We're trying to select players so we don't overtax the system," Dr. ElAt- trache told the Chronicle. "If you have somebody's career at stake and they lose two seasons instead of one, I would say that is not a non-essential or unimportant elec- tive procedure." The procedures are performed at private clinics rather than hos- pitals, but Dr. ElAttrache said the Kerlan-Jobe Institute will halt all orthopedic surgeries if required, as the healthcare system contin- ues to battle a rise in the number of confirmed coronavirus cases na- tionwide. n Dr. Rick Sasso sues Medtronic over royalties for 2 spine products in ongoing battle By Angie Stewart A royalties dispute between Medtronic and Carmel-based Indiana Spine Group founder Rick Sasso, MD, was returned to a state court in March 4, The Indiana Lawyer reported. Dr. Sasso alleged Medtronic owes him royalties related to two spine surgery products he invented and licensed to the company in 1999 and 2001. He first sued Medtronic for breach of agreements involving a screw delivery sys- tem and the Vertex Reconstruction System in 2013 and was awarded a $112 mil- lion verdict in November 2018. In March 2019, Dr. Sasso filed another lawsuit requesting an audit to determine whether Medtronic should be required to pay royalties on continued sales of those products under the agreements. Medtronic countersued, alleging that Dr. Sasso wasn't entitled to an audit or fur- ther royalties and requesting that the case be removed to federal court. Indiana Northern District Judge Jon DeGuilio denied Medtronic's request for re- moval to federal court on the grounds that the case centers on contract interpre- tation rather than patent law. However, the judge declined to award Dr. Sasso attorney fees, ruling that Medtronic's claims weren't objectively unreasonable. n Dr. William Kurtz: Elective surgery ban bruises orthopedic group with 'huge' downstream repercussions By Angie Stewart N ashville-based Tennessee Orthopedic Alliance's 506 employees have been sidelined since March 23, when Gov. Bill Lee signed an executive order barring nonessential procedures during the COVID-19 crisis, Nashville Business Journal reported. "For me it was like, 'Go, go, go, go, go,' and all of a sudden I have a forced sabbatical," TOA Presi- dent William Kurtz II, MD, told NBJ. "It was the right call … but it's not what I was planning on." While similar mandates in more than 30 states could put hospitals and surgery centers in financial straits, Dr. Kurtz said he is most concerned about the nurses and support staff who work alongside him. "e people that are going to be hit the hardest are the employees. Most of them are living more paycheck-to-paycheck," said Dr. Kurtz, an orthopedic surgeon. "Scrub techs, recovery room nurses, floor nurses, physical therapists. I'm just one guy doing one surgery, but there are probably 25 to 30 people who make their living off that one surgery. You can cancel my surgeries, but the downstream repercussions for that are huge." n

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