Invivo sued because they couldn't carry out their experiment! The scaffold device did not cause the bladder problems - the surgery and possible the poor after care caused the bladder problems - the monkeys with the bladder problems NEVER SAW THE DEVICE! You intimate with vagaries that the trial failed because mixed results but the experiment failed because they could not get any results! They could not use the monkeys! There were no "mixed results' here! This was an investment that was wasted because they could not do the trial! That's why they sued.
http://www.all-creatures.org/articles/ar-primate.html The InVivo lawsuit is not the first time the OHSU primate center has been accused of not providing proper care to their animals. In 2008, PETA complaints about the center spurred an investigation by the United States Department of Agriculture (USDA), which handles violations of the Animal Welfare Act. In December, USDA issued a warning letter for failure to provide proper veterinary care, citing the death of a pregnant monkey after a researcher failed to notice she was having a troubled labor, a sponge being left in a monkey after surgery, and a surgery performed on the wrong monkey.
• One monkey broke its ankle and two had “training issues,” leaving just 16 available when the study began.
• A post-surgery staff infection debilitated another monkey.
• After successfully implanting devices in seven monkeys, OHSU refused to allow surgery on the remaining eight because of bladder problems — though InVivo said these problems were to be expected.
• Four more monkeys experienced complications and were euthanized by OHSU, leaving only three primates available for study.