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Monday, August 22, 2016 2:24:12 AM
But then again not really. The reality is they will not be held liable if some doc has gone "off res" and uses a lumbar product for the cervical spine. Good luck proving Medtronic reps pushed off label use. UCLA however has already paid through the anus due to the Weiss and Lew cases. The crux of the decission with UCLA Spine Center is they failed to disclose the financial arrangements between the Doc's and Medtronic as well as failure to obtain patient consent for off label use.
Bottom line, off label usage is legal and if applied properly really can work. I remember reading a journal that one of Payton Mannings neck surgeries involved off label device. Baring complete failure of a given product, if the product worked properly, but was inappropriately used by the end user, the manufacturer shouldn't be held responsible. Preemption however is certainly an unsavory defense, but that's why Medtronic general council get paid the big bucks.
I here this firm is top notch should Medtronic ever need local council in North Carlolina. Haha couldn't resist.
http://www.balbrenner.com/phone/index.html
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