Becker's Spine Review

Becker's May 2020 Spine Review

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6 SPINE SURGEONS Mizzou Biojoint Center faces 11 lawsuits involving 17 ex-patients: A timeline of events By Alan Condon C olumbia-based University of Missouri Health Care's Mizzou BioJoint Center is facing at least 11 medical malprac- tice lawsuits as former patients allege the procedures they received at the facility failed. Mizzou BioJoint Center's surgeries to treat knee osteoarthritis — called osteochondral allogra — replaces damaged parts of the knee with bone and cartilage from deceased organ donors, according to the Columbia Daily Tribune. e procedure aims to offer an alternative to total knee replacement. In 2016, Columbia Mayor Brian Treece marketed the procedure in a pro- gram to promote medical tourism. Eleven lawsuits involving 17 patients al- lege medical malpractice and negligence — among other charges — against Missouri Orthopaedic Institute medical director James Cook, PhD, and orthopedic surgeon James Stannard, MD. Here is a timeline of events so far: 2018 e first lawsuit is filed in March. An active duty U.S. Army solider allegedly underwent two failed surgeries and then had a total knee replacement at Truman Memorial Veterans' Hospital in Columbia. e second lawsuit claimed that a patient's implants became infected and required sur- geries and intravenous antibiotics to control the infection. e suit claims that Dr. Stan- nard suggested a second biojoint procedure, but the patient sought a second opinion and had a total knee replacement instead. A third patient filed a lawsuit alleging med- ical malpractice and misleading advertising, as he was not made aware that the procedure was "experimental." 2019 In January, MU was ordered to comply with discovery requests in the cases of several for- mer patients. Attorneys for university cura- tors argued that the Merchandising Practices Act doesn't apply to curators as the MU is a public institution. ey also claimed that plaintiffs named the curators to evade state medical malpractice caps, according to the Columbia Daily Tribune. Allegations that the university violated the Missouri Merchandis- ing Practices Act are dismissed in April. e number of former patients filing lawsuits against the Mizzou BioJoint Center climbed to 17, all of whom named Drs. Cook and Stan- nard and claimed that their procedures failed. One patient was 16 years old when she had her first biojoint procedure in 2013. She allegedly saw Dr. Stannard for a second failed biojoint procedure before she sought a second opinion. She was later diagnosed with severe osteoar- thritis, according to e Mexico Ledger. In September, a spokesperson for MU Health Care said that patients were properly in- formed of risks associated with the procedure and that the health system stands by the Bio- joint team. 2020 In February, another lawsuit was filed, accus- ing Dr. Stannard of negligence aer a former patient claimed he was not told his procedure had a failure rate of 86 percent. e suit also accuses Dr. Stannard of allowing Dr. Cook to perform part of the surgery without medical direction or supervision. With at least 11 cases from 17 different plain- tiffs, attorneys for the plaintiffs are seeking to consolidate the malpractice suits against the Mizzou BioJoint Center. e cases are ongoing and trial dates are yet to be set. n Dr. Frank Schwab becomes vice chair of HSS Innovation Institute: 4 details By Laura Dyrda New York City-based Hospital for Special Surgery named spine surgeon Frank Schwab, MD, vice chair of the HSS Innovation Institute. Four things to know: 1. The HSS Innovation Institute is the health system's commercialization arm for new ideas within the musculoskeletal field. It supports products and solutions to improve patients' lives. 2. Dr. Schwab is responsible for advancing the institute's culture of innovation and bridging the gap between clinician scientists, industry partners and the Innovation Institute in his new role. The institute includes engineers, business analysts, lawyers and other industry experts in product development and en- trepreneurial activities. 3. Prior to taking on his new role, Dr. Schwab was chief emeritus of HSS' spine service line. He also founded Nemaris, a company that developed dedicat- ed spine measurement and surgical planning software. The company recently merged with a global industry partner. 4. During his successful career as a spine surgeon, Dr. Schwab has served on the board of the Scoliosis Research Society and International Spine Study Group. He has also published more than 200 original and review articles. "Trust and value creation are key components of success," said Dr. Schwab. "My goal is to further develop an environment where innovators trust and un- derstand the value and expertise that the HSS Innovation Institute brings to the table. We are not just a tech transfer department, but an enthusiastic team that will guide them through the patient regulatory and prototyping process to become commercially successful." n

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