Posted by: Salvatore J. Zambri, founding member andpartner
Currently, the most common elective surgery in the country is for knee
replacements, approximately 700,000 per year. With an aging population
driving demand, more companies are creating opportunities to get into
the market. OtisMed Corporation marketed OtisKnee before FDA clearance,
resulting in numerous knee surgeries that ultimately failed.
According to a recent
NY Times article, the OtisMed Corporation did not obtain FDA approval for their device before
selling and shipping them. When OtisMed did apply, the FDA rejected it,
indicating that the company did not show that their product was safe and
effective. According to the
Justice Department, before the rejection, between 2006 and 2009, OtisMed sold and distributed
18,000 OtisKnee devices. As a result, in December, 2014, the former CEO
of OtisMed pleaded guilty to criminal charges as part of an $80 million
settlement. Sentencing is scheduled for March 18, 2015. "Americans
must be able to trust that they are treated with medical devices that
have been shown to be safe and effective," said Deputy Assistant
Attorney General Jonathan Olin for the Justice Department's Civil
Division. "The Department of Justice will not tolerate companies
and individuals that cut corners when it comes to the public's health."
A principal reason why the OtisKnee was an appealing option for the surgeons
who installed it was how fast the device could be installed, allowing
them to perform as many as twelve knee replacements in one day. OtisMed
marketed the OtisKnee directly to providers as an option to simplify surgery
and bring in extra income. However, problems with the alignment of the
device in turn caused the procedures to frequently not go as planned.
Eventually, it was determined that the cutting guide materials had been
changed and may have warped during the sterilizing procedure.
It is not known how many patients were harmed by the unapproved OtisKnee.
Are knee replacement patients being used as guinea pigs for unapproved
devices? Are medical device companies pre-marketing or mis-classifying
devices so that they can bypass F.D.A. regulations? Until more mistakes
are discovered, the answers to these questions remain unknown. But what
is known is that consumer safety should always be placed ahead of corporate profit.
About the author:
Mr. Zambri is a board-certified civil trial attorney by the National Board of Trial
Advocates and a Past-President of the Trial Lawyers Association of Metropolitan
Washington, D.C. The association recently named him "Trial Lawyer
of the Year".
Super Lawyers recently named him among the "Top Ten" lawyers in the Metro
Area (out of more than 80,000 attorneys). He has been rated by
Washingtonian magazine as a "Big Gun" and among the "top 100″ lawyers
in the entire metropolitan area. The magazine also describes him as "one
of Washington's best-most honest and effective lawyers" who specializes
in personal injury matters, including automobile accident claims, premises
liability, product liability, medical malpractice, and work-accident claims.
He has successfully litigated multiple cases against truck and bus companies,
the Washington Metropolitan Area transit Authority, and other automobile
owners. His law firm, in fact, has obtained the largest settlement ever
in a personal injury case involving WMATA. Mr. Zambri has also been acknowledged
as one of "The Best Lawyers in America" by
Best Lawyers (2014 edition) and has been repeatedly named a "Super Lawyer" by
Super Lawyer magazine (2014) - national publications that honor the top lawyers in America.
If you have any questions about your legal rights, please email
Mr. Zambri at
firstname.lastname@example.org or call him at 202-822-1899.