Jury sides with spine surgeon in case of off-label use of Medtronic's Infuse: 6 things to know

Written by Megan Wood | April 26, 2018 | Print  |

A Los Angeles County jury found William Dobkin, MD, of Newport Beach, Calif.-based Hoag Hospital, not negligent in a case involving the off-label use of Medtronic's Infuse, according to Courtroom View Network.

Here are six things to know.

1. The plaintiff accused Dr. Dobkin, a spine surgeon, of using Infuse in an off-label application during spine surgery without her consent.

2. The jury found Dr. Dobkin was not negligent, and received the "proper consent" prior to performing the plaintiff's two lumbar spine surgeries to treat chronic back pain.

3. The plaintiff claimed she would not have given consent if aware that the FDA had not approved Infuse for lumbar surgeries. Her attorneys argued the biologic material created excessive bone growth leading to more chronic pain.

4. Dr. Dobkin's attorney argued the surgeon followed the standard of care by using Infuse, and the patient's current pain is from pre-existing medical conditions.

5. Medtronic has dealt with many challenges related to Infuse throughout the years, totaling about 6,000 official and threatened lawsuits. In 2017, the company reportedly reached an agreement to settle "substantially all" of these lawsuits.

6. Dr. Dobkin completed his neurosurgery fellowship at University of Southern California Medical Center in Los Angeles.

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