U of Missouri to release biojoint records amid allegations of false marketing: 5 things to know

Written by Mackenzie Garrity | January 29, 2019 | Print  |

Judge Brouck Jacobs ordered the Columbia-based University of Missouri to comply with a discovery request of its biojoint surgery records, according to the Columbia Tribune.

Five things to know:

1. In 2018, two patients sued two physicians at Missouri Orthopaedic Institute, which MU operates, after undergoing what they claim were failed Mizzou Biojoint surgeries.

2. The judge denied a motion for a protective order to prevent some discovery but granted the plaintiffs the opportunity to file an amended complaint. In the complaint, university curators allegedy violated the state's Merchandising Practice Act by falsely marketing the procedure.

3. MU attorneys fought the discovery request, which comprises 103 separate requests and 29 questions, claiming it presented an undue burden. The university is arguing by including the board of curators in the lawsuit, the plaintiffs are evading state medical malpractice caps.

4. Per the judge's dismissal of MU's motion for a protective order, the plaintiffs have 30 days to file an amended complaint. "Attorneys for the plaintiffs will argue the curators do not enjoy sovereign immunity because the university had insurance to protect them from such claims," according to a motion to amend reported by the Columba Tribune.

5. The Mizzou Biojoint Surgery is trademarked by the university and uses bone and cartilage from organ donors to replace parts of the knee. The osteochondral allograft procedure is designed to be an alternative to knee replacement. The biojoint procedure at the Missouri Orthopaedic Institute allegedly uses significantly more tissue than other allograft procedures.

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