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OtisMed Corporation is under fire for allegedly selling its knee replacement product, OtisKnee, before it was cleared by the U.S. Food and Drug Administration (FDA). When OtisMed finally did seek clearance from the FDA to market OtisKnee, after it had already begun marketing the product, the FDA rejected the application due to OtisMed’s failure to supply evidence validating the product’s safety and effectiveness. If you have been affected by the use of this device, contact an OtisKnee lawyer in Portland for assistance with your case.
In an FDA announcement released in December 2014, OtisMed and its CEO agreed to pay $80 million to resolve criminal and civil liability in connection with its knee replacement device. More than $40 million of this is reserved for resolving civil claims. Said the FDA’s criminal investigations director, “We will continue to investigate and bring to justice those who potentially endanger patient safety by distributing unapproved medical devices.”
OtisMed began selling its OtisKnee product for use in total knee arthroplasty procedures (also known as knee replacement surgery) in May 2006 and continued sales through September 2009. During this time, OtisMed made more than $27 million in revenue from these devices. Although OtisMed began selling the devices in 2006, it didn’t seek clearance from the FDA until October 2008.
According to the Justice Department, to sell OtisKnee guides to healthcare providers, OtisMed claimed that the devices could preserve more bone and ligaments, which could in turn improve the longevity and the fit of knee replacements. The problem is, none of these claims had been substantiated by the FDA.
So how did OtisMed sell its knee replacement guides without FDA clearance? According to the FDA’s news release, OtisMed misled physicians and hospitals by saying that the OtisKnee was exempt from pre-market FDA approval requirements.
The FDA notified OtisMed in September 2009 that pre-market approval for OtisKnee was not granted. Even after the manufacturer received the denial, it continued to ship the guides to knee surgeons throughout the country. Our Portland defective product lawyer is ready to assist if you have been harmed by an unapproved knee replacement.
At Paulson Coletti, “liberty and justice for all” is more than just a phrase – it is our mandate. Our team of trial lawyers is driven to pursue justice for the injured, ensuring that the responsible parties are held accountable. With a high success rate both in and out of the courtroom, you can trust our Oregon personal injury lawyers to be the legal advocates you need so your voice can be heard.
“Most cases settle, but each of our cases is prepared as if it’s going to trial. The insurance companies know it and so do the defense lawyers defending them. That’s why we get such great results for our clients.”
OtisMed saw an opportunity in the growing knee replacement market – more than 700,000 patients undergo knee replacement surgery in the U.S. annually. OtisMed’s OtisKnee guides were designed to guide the surgeon’s incisions. Precise incisions are crucial for a properly aligned knee replacement.
Some patients who received knee replacement surgery using the OtisKnee guide had to undergo revision surgery because of claims that their replacement was not aligned properly. The misaligned replacement caused excruciating pain and decreased mobility, some claimed.
There are three different classes the FDA uses to regulate medical devices. Class three devices have the most stringent requirements – think pacemakers, because the quality of the device creates a life or death situation. Class one devices, on the other end of the spectrum, are things like bandages. OtisMed classified its OtisKnee guide as a class one device, meaning OtisMed could sell its device without undergoing a pre-market FDA review. But after OtisMed submitted its pre-market notification, the FDA responded by denying the device clearance and reclassifying the guides as Class three. By the end of 2009, the FDA had received 58 complaints of OtisKnee malfunction, but it is uncertain how many patients were actually injured in connection with the devices.
The Portland medical malpractice attorneys at Paulson Coletti Trial Attorneys PC are currently investigating potential claims involving OtisMed’s OtisKnee guides for knee replacement surgery. Contact our firm to learn your legal rights and options.
At Paulson Coletti, a local firm based in Oregon, justice is our mission. As experienced trial attorneys, we fight for injury victims across Oregon and Washington, holding negligent parties accountable. With a proven track record in and out of the courtroom, we are dedicated to securing fair compensation for our clients. We take a client-centered approach, focusing on cases we believe in and delivering results that matter. No fees unless we win-because justice should never come with financial risk.
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