Two spine-related cases, both focused on implants, were updated in January.
1. The U.S. Court of Appeals for the Federal Circuit revived a spine patent case over an expert testimony in the initial litigation. The court’s opinion, filed Jan. 20, stems from spine surgeon Mark Barry, MD, who sued DePuy Synthes claiming patent infringement. He produced an expert report on infringement from Walid Yassir, MD, and David Neal, MD, as part of his case. His original lawsuit alleged DePuy induced surgeons to infringe claims of three of his patents.
2. A pedicle screw from Medtronic’s Voyager spinal implants fractured inside a man’s body after he had spinal fusion surgery, according to a product liability lawsuit filed Jan. 20 in the U.S. District Court for the Northern District of Florida. The lawsuit was first filed in Leon County Circuit Court and later moved to District Court. The patient had follow-up surgeries to revise the initial screw fracture and then the new implant.
