Surgery Patient Claims Surgeon Took Advice from Salesman over the Standard of Care

A lumbar surgery patient filed a medical malpractice lawsuit against his surgeon and a medical device salesman earlier this month in New Orleans federal court. The plaintiff alleges his surgeon took the advice of the salesman in a surgical procedure instead of following the appropriate standard of care.

The plaintiff underwent lumbar surgery in February 2009 during which his surgeon inserted Verticor Eclipse Spinal Spheres in his spine. The defendant salesman sold and distributed the Verticor sphere device. During the surgical procedure, his surgeon did not use bone graft, allograft or synthetic bone graft, allegedly on the advice of the salesman.

After the surgery, the plaintiff developed neurologic deficits including right foot drop, severe back and leg pain, infection, pulmonary emboli and lower extremity deep vein thrombosis. The plaintiff had the Verticor device removed two months after the initial surgery and underwent a lumbar fusion.

The plaintiff claims that the Verticor spheres are FDA approved in conjunction with bone graft. Further, the applicable standard of care required the surgeon to use bone graft and the Verticor spheres together in his initial surgery. He claims the defendants failed to warn him of the dangerous and defective propensities of the Verticor spheres, and for failing to warn him that he needed a lumbar fusion in conjunction with the sphere placement.

In addition, the plaintiff accuses the surgeon of deviating from the applicable standard of care and seeks damages for pain, suffering, mental anguish, permanent disability, loss of life’s pleasures, lost wages, impairment of earning capacity, medical bills, interest and court costs.

Contact a New Orleans medical malpractice lawyer if you suffer injuries from medical malpractice. An experienced New Orleans medical malpractice attorney is ready with a free and informative consultation about your rights.