When Is It Too Late to File a Malpractice Lawsuit?

Posted on December 12, 2014 by Shapiro Law Group

The plaintiff in a malpractice lawsuit against Medtronic Inc. has lost following a Florida federal judge’s ruling that the claim against Medtronic was not filed within the two year statute of limitations for the surgery in question, nor was it filed within the four-year repose period.

The surgery performed on the plaintiff involved the implantation of a device called the Infuse Bone Graft system, which is meant to aid fusion between vertebrae without the need to collect the patient’s own bones for the same purpose. The plaintiff asserts that the procedure was done incorrectly; while the Infuse system is only approved for implantation from the front of the lumbar spine, the plaintiff’s surgery was done from the posterior, categorizing her surgery as an “off-label” use of the Infuse system.

It is estimated that 90 percent of total Infuse surgeries were done in the same manner as the plaintiff’s – and indeed, she has joined over 1,100 lawsuits against Medtronic Inc. for severe side effects related to the off-label surgery. Because Medtronic Inc. failed to warn doctors and patients of the side effects of off-label surgery, patients are now forced to suffer through no fault of their own.

What Can I Do If I Believe I Am a Victim of Medical Malpractice?

The plaintiff in the above case waited too long to bring her case to the courts, and as a result she will likely not receive just compensation for the pain and suffering she has endured. Richard M. Shapiro does not want this to happen again. If you believe that you may have received incorrect treatment or have suffered unduly because of a medical procedure, then please contact Shapiro Law Group for a free consultation.

Shapiro Law GroupMedical Malpractice Attorneys Serving the Tampa Bay Area

Source: http://harrismartin.com/article/18819/claims-against-healthcare-defendants-in-medtronic-infuse-case-time-barred-fla-judge-rules/



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