According to several scientific studies the use of the Infuse Bone Graft manufactured in cervical spine surgeries has been linked to several severe and life threatening medical health complications. Some of the most common health issues facing individuals who have undergone bone grafting procedures using the infuse bone graft technology include
- Airway constriction also called respiratory depression
- Inflammation of the air passage ways
- Swelling of the neck and throat
- Bone growth – ectopic or uncontrolled bone growth
- Retrograded ejaculation male sterility and other male reproductive issues including infertility
- Serious infections
- Severe dysphagia
- Death resulting from medical complications due to the use of the Infuse Bone Graft
What is a Class Action LawsuitClass action lawsuit take place when there are a substantial number of claimants against one defendant. In such cases a class representative is chosen to represent all claim in the court of law. Class action lawsuit require certification by the court they are to be tried in. Several criteria have to be met before a class action claim in certified in court. Those elements are as follows.
- Numerosity: There needs to be a large number of plaintiffs so as to make single party lawsuit impracticable.
- Commonality: There need to be a common cause of action based on near identical facts of an issue of law.
- Adequacy: The class representative need to have sufficiency legal counsel so as to be able to properly present the case in the court of law.
- Typicality: The claim of the class representative needs to be nearly identical to that of the other class action lawsuit members.
Filing a Product Liability Lawsuit – How to Prove Your Case in the Court of LawProduct liability lawsuits are based on proving one of three distinct causes of action.
- Defect due to faulty design of the medical product.
- Defect in the manufacturing process so that the produced product is markedly different and as a result posses a substantially increased risk of harm to the consumer.
- Failure to properly warn medical practitioners and patients of known or knowable dangers associated with the use of the product.
- The severity or magnitude of injuries suffered.
- Pain and suffering resulting from the use of the defective surgical implant.
- Lost wages and loss of future income due to a disability.
- Future rehabilitation and medical costs.
- Punitive damage – in defective product cases punitive damages are often awarded where the defendant failed to properly warn of the dangers associated with the surgical use of the implant.