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Medtronic Infuse Bone Graft. Are there any law firms in California handling complications from off label use of this product?

Alhambra, CA |

I have contacted firms, but they transfer me to another law firm out of state. I am uneasy with that. Can a medical malpractice attorney file suite in California against Medtronic? There are numerous out of state mass tort claims, but would prefer California attorney. Are you out there if so please comment with your contact info. Medtronic is being accused of paying off doctors to write false reports that this product was safe to use off label. It was not, and not FDA approved to do it either.

Attorney Answers 8

  1. Best answer

    Multidistrict Litigation (MDL) is one of the ways suits against prescription drug and medical device manufacturers are handled - one federal court gets to hear many aspects of the case... thus lawyers from all around the country (and their clients) end up in the same court... complex and complicated stuff to say the least, but not so much for the clients who will, in all likelihood never have to travel out of state. Sometimes the cases require local (in the same state at the client) counsel in addition to the lawyers handling the case in the federal out of state case (the case can start in the federal court of the client's state and then move to the one handling all the cases - and that means it can move back too, so local counsel may be needed). Bottom line? The big firms who are professional and experienced and handle these cases will have local counsel already arranged if necessary.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy. ** Fransen & Molinaro, LLP practices in the areas of defective drug and medical device litigation (Actos, Accutane, Actonel, Antidepressants, Avandia, Bextra, Byetta, DePuy Hip Implant, Digitek, Ephedra, Fosamax, Gadolinium, GranuFlo, Guidant Implantable Defibrillators, Hormone Replacement Therapy (HRT), Ketek, Kugel Mesh Patch, Lipitor, Mesothelioma, Nuvaring, Ortho Evra, Paxil, Pradaxa, Prempro, Prisma Dialysis Recall, Reglan, ReNu with MoistureLoc, Smith and Nephew Hip Replacement, Stryker Hip Replacement, Tequin, Topamax, Transvaginal Mesh, Trasylol, Vioxx, Yaz, Zelnorm, Zimmer Durom, Zyprexa, and More), medical malpractice, personal injury, and real estate law and does so anywhere in the State of California. *** If you enjoy my posts, enjoyed a consultation with me, or are a happy satisfied client, please give me an Avvo recommendation/review.

  2. This is very specific litigation. I am personally know any attorneys in this specific type of litigation. Try to Google mass tort attorneys. You will find lots of them in San Francisco. Good Luck.

  3. Out of state law firms handling mass torts typically will have associated firms that they work with in California. If you call one of the out of state firms, I'd suspect they could refer you to a firm already familiar with the action.

  4. I'm sure one of the big firms handling it has local counsel, so best to Google it.

  5. As other attorneys have mentioned, these are cases that require a very experienced firm. Due to guidelines on answering questions, I cannot endorse a certain firm. However, I am aware of a firm in Los Angeles that does work in this area and would be happy to connect you.

    Hillary Jones

    The information contained in this response is provided for informational purposes only, and should not be construed as legal advice on any subject matter and does not create an attorney-client relationship. No recipient of this information, should act or refrain from acting on the basis of any content without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.

  6. Yes, you should seek a local firm--a lot of lawyers on here offer free consultations. Here's more info:

  7. These are very complex and complicated cases. My firm is handling them. We would have to further determine your exact device, date of implant, whether you had an extraction or revision etc...

    Feel free to contact us.

    None of the information found in my answer should be used as legal advice, a substitute for an attorneys evaluation or other type of advice. I do not know all the facts of your case and there are many factors involved when evaluating accident cases. You should meet with an attorney who can properly go over all the details of your accident.

  8. I wouldn't be too attached to the "off label use" but you rightly take notice on the extent of litigation. Find someone in the general L.A. area, not the Bay Area. Best wishes.

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