Alphatec Spine, a spinal device company, is the sole remaining defendant in a product liability lawsuit alleging one of its pedicle screws fractured during a November 2023 spinal fusion at Rush University Medical Center in Chicago, leaving broken hardware inside the patient’s spine.
Matthew Gaughan filed the complaint in Illinois Circuit Court on Nov. 24, 2025. The case was removed to the U.S. District Court for the Northern District of Illinois on July 20 after his medical malpractice claim against Rush University Medical Center was dismissed.
Mr. Gaughan underwent spinal fusion surgery Nov. 22, 2023. According to the complaint, an Alphatec pedicle screw fractured during the procedure, requiring a second surgery five days later to remove the broken fragment.
Mr. Gaughan claims Alphatec failed to use reasonable care in designing, manufacturing, testing and inspecting the pedicle screw and did not warn surgeons and patients about the risk of fracture. He seeks compensatory damages.
In January, a federal court in Arizona allowed design defect and breach of warranty claims involving Alphatec’s Arsenal system to proceed after a plaintiff alleged a screw fractured at L4.
Becker’s has reached out to Alphatec for comment and will update this story if more information becomes available.
At the Becker’s 32nd Annual Meeting: The Business and Operations of ASCs, taking place October 29-31 in Chicago, ASC leaders, surgeons and healthcare executives will explore strategies to drive growth, enhance operational performance, navigate reimbursement challenges and prepare for the future of ambulatory surgery. Apply for complimentary registration now.