California Court Awards Orthopedic Surgeon Over $2M in Lost Royalties for Shoulder Positioner

Allen Schlein, MD, a Connecticut-based orthopedic surgeon, was recently awarded more than $2 million from Orthopedic Systems for lost royalties on a device for shoulder surgery, according to a report from the San Francisco Chronicle.

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Orthopedic Systems, a California-based company, was cited for breaching a contract with Dr. Schlein and cutting off his royalties for designing a seat accommodating patients during shoulder surgery, according to the report. The company sold the device, which was named after Dr. Schlein, without providing him with the appropriate compensation.

Orthopedic Systems terminated Dr. Schlein’s royalties in 2005, but California law allows an inventor to recoup royalties from a product using the inventor’s name regardless.

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