 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
King v. Danek Medical3/28/2000
Little, such dissimilar devices described by Dr. Alexander have been determined not to be alternative designs:
Theriot claims that the product at issue here is a product whose purpose is to provide biomechanical stability. Theriot therefore argues that other products that do not use pedicle screws should be considered as alternative designs, such as external neck braces or internal systems that use hooks or wires. Underlying this argument is the assumption that all pedicle screws are defective and there can be no system using pedicle screws that would be an acceptable product. The problem with this argument is that it really takes issue with the choice of treatment made by Theriot's physician, not with a specific fault of the pedicle screw sold by Danek. Theriot, 168 F.3d at 255.
The testimony of Dr. Alexander does not establish the existence of any genuine issues of material fact as to whether the defendants' devices were unreasonably dangerous.
2. Testimony of Drs. Cenac and Levy
Additionally, the plaintiffs presented testimony from two medical causation experts, Dr. Christopher Cenac and Dr. Richard Levy. Dr. Levy testified that he had incomplete records as to King. None of his records addressed her neurological state prior to the implantation surgery on September 17, 1993. In his examination of King, he found that she had a depression of the left ankle reflex. However, since he did not have complete records, he could not say that this condition predated the implant. He also determined that she had a "reduction in feeling in the left L-5 dermatome" that he felt was caused in part by the implant. However, Dr. Levy could not state "more probably than not that it a direct result of the metallic implant," although he considered the implant among the causes. He did not have an opinion about the origin of her "tingling" sensation and doubted that she had arachnoiditis. He observed that her legs were of different length but did not state that the implant caused this. Thus, he did not testify as to a defect or dangerous condition in the device implanted into King. Also, in opposition to the granting of summary judgment, the plaintiffs rely upon the testimony of their expert, Dr. Christopher Cenac, a board certified orthopedic surgeon of Houma, Louisiana, who reviewed the medical records of King and met with her for approximately thirty minutes, according to her testimony. The deposition of Dr. Cenac tells little of his qualifications. However, as to Dr. Cenac, this court determined in a previous case involving spinal implant litigation:
Dr. Cenac's previous testimony in a pretrial deposition established that he is not an expert with respect to implants, including spinal implants, nor is he an expert in the area of design and manufacture of implants of any kind. Jordan v. Sofamor Danek Group, Inc., No. 02A01-9803-CV-00067, 1999 WL 74214, at *3 (Tenn. App. Feb. 16, 1999).
The plaintiffs do not cite any testimony from Dr. Cenac showing any of the potential complications from the use of pedicle screw devices, discussed by Dr. Alexander, occurred as to either of these plaintiffs. Dr. Cenac does not attempt to testify that the Danek devices implanted into the plaintiffs were dangerous or in a defective condition or that either plaintiff sustained damages as the result of the device. As to King, he testified that "she may or may not have arachnoiditis associated with the September '93 procedure;" that "she has acceleration of the degenerative process above the level of the instrumentation"; and that "there is some mention . . . in the medical records of loosening of the sacral screws, which I could not myself observe, but it is possible, and this movem
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|