FiberCel Tuberculosis Lawsuits Under Investigation Following Recall
Last Updated on September 24, 2021
At A Glance
- This Alert Affects:
- Patients who underwent surgery using a now-recalled FiberCel Fiber Viable Bone Matrix product and developed tuberculosis (TB) following their procedure.
- What’s Going On?
- Attorneys working with ClassAction.org believe these patients could file lawsuits for the cost of revision surgery and damages resulting from their TB diagnosis. They are offering to speak, free of charge, to those interested in learning more about their legal rights.
- What You Can Do
- If you developed tuberculosis following your orthopedic or spinal procedure, contact us using the form on this page. After you get in touch, one of the attorneys working with ClassAction.org may reach out to you directly to explain more about your rights and why you may be owed money from the maker and distributor of the FiberCel bone repair product.
- How Could a Lawsuit Help?
- A lawsuit could provide patients with compensation for medical bills, lost wages, pain and suffering, and more.
Attorneys working with ClassAction.org would like to speak to anyone who underwent orthopedic or spinal surgery with a now-recalled FiberCel Fiber Viable Bone Matrix product and have been diagnosed with tuberculosis.
They believe these individuals could sue the maker of FiberCel and its distributor for allegedly releasing a contaminated product and putting patients at risk for a serious and potentially fatal disease. Successful lawsuits could provide patients with money for medical expenses, pain and suffering, and more.
If you underwent surgery with FiberCel and developed tuberculosis, learn more about your rights by filling out the form on this page. It costs nothing to get in touch or to speak to one of the attorneys we work with about your potential case.
FiberCel Recall: What Happened?
On June 2, 2021, the manufacturer of the FiberCel Fiber Viable Bone Matrix, Aziyo Biologics Inc., announced that it was voluntarily recalling one lot of the product. The recall was issued after one hospital reported that seven of the 23 patients who underwent surgery with a unit from the lot developed a post-surgical infection. At the time of the recall, four of the patients had tested positive for tuberculosis.
The cause of the recall is particularly problematic in that patients undergoing surgery are already in an immunocompromised state. Should tuberculosis bacteria from a contaminated medical product be introduced into the body, the patient has an increased likelihood of becoming infected. Sometimes fatal, tuberculosis mainly affects the lungs, but can cause complications that extend to the brain, kidneys, liver, heart, spine and joints.
The affected lot number is NMDS210011.
The specific product numbers in the recalled lot are listed below:
The lot contains 154 units of FiberCel, all of which came from the same donor and were distributed to healthcare facilities in 20 states.
How Do I Check If the FiberCel Used in My Surgery Was Recalled?
Patients who received a unit from the affected lot are likely to have been notified about the recall and the risk of tuberculosis infection. If you did not receive a notice and are concerned your surgery utilized a recalled FiberCel product, you can check with the facility where your procedure was performed.
What Could I Get from a Lawsuit?
A lawsuit could help patients recover compensation for revision surgery to remove the allegedly contaminated FiberCel product, as well as the medical care needed to treat and monitor the tuberculosis infection and its complications.
Patients may also be able to seek money for the following damages as they relate to the additional surgery and TB infection:
- Pain and suffering
- Emotional stress
- Lost wages
- Lost earning capacity
- Loss of life’s enjoyment
What’s Involved in Filing a Lawsuit?
In a typical lawsuit, your attorney will draft what’s known as a complaint and file it with the appropriate court, marking the official start of your lawsuit. The complaint will outline who you are suing, why you believe they are responsible for your injuries and the damage you suffered as a result of their actions.
For instance, if you file a lawsuit over your FiberCel-related infection, you will likely be suing the manufacturer of the product, Aziyo Biologics, along with its distributor Medtronic.
Your lawsuit may allege that the defendants failed to:
- Exercise reasonable care in designing, manufacturing and distributing the FiberCel product
- Properly test the products to ensure they were free from contamination
- Properly obtain and review the medical history of donors
- Issue a timely recall
- Warn doctors and patients about the risk of tuberculosis from use of the FiberCel product
Is This a Class Action?
Attorneys working with ClassAction.org are handling claims involving the FiberCel bone matrix on an individual basis and not as a class action lawsuit. To find out why lawsuits involving defective medical products are not typically handled as class actions, check out this article.
How Much Does a Lawyer Cost?
Attorneys working with ClassAction.org are handling these cases on a contingency-fee basis, meaning you only pay if they win. If your case is successful, their payment will come as a percentage of your settlement or jury award.
What You Can Do
If you or a loved one underwent surgery with a recalled FiberCel product and developed tuberculosis, fill out the form on this page.
After you get in touch, one of the attorneys handling this investigation may reach out to you via phone or email to discuss more about your situation and whether you could take legal action. It costs nothing to contact us or to speak to one of the lawyers we work with.
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