The attorneys who started the investigation are no longer handling these types of cases, so the investigation is now closed.
If you are still interested in pursuing a legal recourse, we would encourage you to speak with an attorney in your area. They typically offer free initial consultations and would be able to explain your legal rights and what options you have going forward. We outline some of the resources available when it comes to finding class action attorneys in this blog post.
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.
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.
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
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.