US lawsuit by Stenum ADR patient.

[mmglobal]

The HFK lawfirm finally went public with information about their client's lawsuit against Stenum. It is with mixed emotions that I will watch this unfold. Without further comment, from the HFK website, here is their press release.

HAUSWIESNER FRITZ KING LLP

HFK Law Files Lawsuit against Krankenhaus Stenum Hospital
August 31, 2009

Hauswiesner Fritz King and local counsel Toriseva Law filed a lawsuit recently on behalf of their client, a resident of West Virginia, against Stenum Hospital and a number of its representatives both in the United States and Germany with the US District Court for the Northern District of West Virginia. Stenum is an orthopedic hospital located in Ganderkesee, Germany and claims to provide the “most advanced disc replacement solutions and implants available worldwide” and that its surgeons “are among an elite group of the most experienced disc replacement surgeons in the world.”

The lawsuit, which was filed on May 11, 2009, alleges fraud, negligence per se, breach of contract, violation of consumer protection laws, gross negligence, battery, intentional infliction of emotional distress, and negligent infliction of emotional distress. In her complaint, the plaintiff asserts that Stenum used deceptive and fraudulent practices through its unlicensed agents in the United States to lure her to Germany for multiple artifial disc replacements with implants that are not approved in the United States. The complaint further states that the defendants were grossly negligent in initiating these high-risk procedure on the plaintiff due to her advanced osteoperodic condition, which according to US and German standards precluded her from being a candidate for such a surgery.

Post-operation, the plaintiff found herself partially paralyzed below the neck. And after several hours, Stenum realized they did not have the proper medical equipment to evaluate or treat the plaintiff’s condition. Thus, while paralyzed, the plaintiff was transported to another medical facility in Germany for an even riskier corrective surgery. After months of recovery, the plaintiff has regained some mobility in and use of her limbs, but she has suffered permanent spinal cord damage and her ability to work and and overall quality of life have been forever diminished.

Upon requesting a refund from Stenum so that the plaintiff could afford follow-up treatment in the United States, Stenum cast her aside as little more than an afterthought, pocketing nearly US$ 60,000. In an attempt to salvage the best life possible for the plaintiff, her attorneys are demanding from Stenum and its representatives compensation for actual, consequential, and punitive damages in an undisclosed amount. Furthermore, counsel is seeking a permanent injuction to prevent the defendants from permanently injuring any more susceptible patients in the United States.

According to Managing Partner Florian Hauswiesner, "It is simply not acceptable that a foreign hospital like Stenum is actively soliciting patients in the United States through unlicensed sales agents, performing risky surgeries with implants not approved in the United States and without the proper medical equipment and preparation, and then refuses to take any responsibility for medical malpractice, once the U.S. patients have paid for surgery and are back home.” Jon Fritz, the head of HFK Law’s Dispute Resolution Group stresses that “from a purely legal perspective, this case raises a number of interesting questions and it is high time that these issues are decided by a US judge to protect the interests of American patients that are deceptively lured into obtaining risky medical treatment abroad.”

While I believe this case has merit, I also believe that it will be harmful in that the industry and medical community.

Much like the lawuits against DePuy Spine have some merit based on the way they rolled out the Charite', training issues, etc; for the most part, I think they were bad for the patient community as a whole and bad for the industry. While some individuals who deserved compensation may actually get something for their injuries, the entire industry and medical community practicing ADR gets painted with the same brush and I believe that ultimately restricts our access to the new technology. Sad days for the patient community.

Mark

[Dave C]

It is absolutely amazing that this is brought to everyone's attention, but the majority of Dr. B's mistakes are just "unfortunate".

Maybe the gentlemen with 3 messed up disc's should be sueing Dr. B then. But that would not sit well here, would it.

[trkdoc714]

It's pretty hard to take sides when only one side has been presented (through an attorney).

There's an old Scot saying: "tis bad enough if it were true than to wish it so".

Judgement should be left to judges and juries only after evidence has been presented don't you think?

I hope this reply doesn't reflect a bias toward Stenum.

[dshobbies]

Thank you Bob, you presented a reasonable argument and I agree with you. I do wonder however, if other than their US representatives, Germany or any other country would be subject to our laws? I think a malpractice lawsuit in this country is hard enough but can a Stenum or any other doctor/hospital practicing internationally be held to our standards.

One of the elements of this suit is surgery not legal in the US. What does that have to do with Germany?

Needless to say, I know little about US law and nothing internationally!

[mmglobal]

I agree, people should not make jugements based on info posted on websites. I would hope that readers would discern that a press release from the plaintiff's lawfirm is not a place to get both sides of the story.

I post information as it becomes available to me. Look in articles for recent bad press about Synthes.

Mark

[fuzzy]

The only thing I do know about this has to do with marketing a service in the US which is legal in the country it is practiced in, but not in the US. There is nothing illegal about a spinal surgery in the US of A. In this case only devices non approved in the US and that is only partially true as well. When one undergoes a surgery one is made well aware of the risks in Germany, just like here. This suit as no merit and will be totally unenforceable in Germany. It is a waste of money and time. So typical of this country and a reason why healthcare is so expensive (sorry to break this news). If the attorneys are working on a retainer they are wasting this patients money.

Edit,

I am guessing here but if the patient could prove in Germany that the surgery was totally un called for (not medically nessesary) maybe then there would be a case in Germany. I am sure there was a good enough reason for doing the surgery otherwise Stenum would not do it. Especially not after the disaster at the Alpha Klinik.

[trkdoc714]

I must have misunderstood your post Mark. In your commentary you stated "While I believe this case has merit". I took it as you having some sort of evidence that Stenum was guilty.

From my experience at Stenum, they cautioned me about the risks and their action plan if something did go wrong. I wasn't pressured to go forward until they were comfortable that I understood the risks and accepted them.

It lends me to consider the plaintiff as the next level "Whiplash Willie".

[Maria]

The complaint further states that the defendants were grossly negligent in initiating these high-risk procedure on the plaintiff due to her advanced osteoperodic condition, which according to US and German standards precluded her from being a candidate for such a surgery.


The piece states quite a bit however re merit in terms of should or should not have performed surgery at all ~ if the patient actually had advanced osteoporosis re values accepted both here and abroad and it was known.. why was surgery done at all if risks were explained pre op.. was that overlooked?

I'm not saying this case has merit.. but that one point if actually true seems like a reason at least not to do surgery even if there's no actual case.

BTW, I think a case can have a degree of merit even if it's not going anywhere~ of course that depends on the actual facts/findings.

[jamie5136]

Not only was I falsely lured in by a then American (he moved to Germany), but I was not informed of ANY issue that could go wrong; not one. So, Fuzzy, the following statement is untrue: "When one undergoes a surgery one is made well aware of the risks in Germany, just like here." I do not have osteoporosis, but my spinal bone density was not checked and 2 of the 3 (only 1-2 levels approved in the USA) sunk up into my vertabrae and are crooked; I am now disabled and live in pain; it has destroyed my life to a certain level. I was told by his "salesman" that the Pro-Disc L had an over 90% success rate. This is false. I was not told that the discs "could" sink into my vertabrae and I was not told that they could not be taken out w/out a very life threatening removal surgery, nor was I told that one's facets ultimately wear out at an alarming rate. And no, there is not recourse against anyone in Germany. If there was, I would take action. Thankfully I did not go to the clinic in question and my outcome "may" have been worse; but really, I can't imagine anything worse. When one is in pain and can't even lay down, they believe their surgery is a failure; one with little or no options for a "cure," is angry and frustrated. I know of at least 6 or more failed, subsided, disabled patients from surgeons in the USA and Germany( just one in the USA; the rest from Germany). I got no refund; have had one call in 1.4 years and feel betrayed. I have received a few emails offering for me to come back for more surgeries. I already spent my retirement, borrowed money (totalling 60k plus my life) In hind sight, I would have NEVER had this surgery in Germany. All we can do as failed patients is hope and pray that others read our stories and do their own research and make their own decisions as to their course of action. Mark is the only one who has been honest with me; In a way, I wish I had him as my advocate from day one; it "may" have made a difference. Sadly, if one is paid by a German doctor, that doctor oddly can do no wrong and their actions are defended at all costs. The objectivity goes out the window when greed and money is involved. Be leary of false promises, be leary of "advocates" who work for one doctor, do your research and know the risks; I wish I had.

[Gil Denis]

Hi Jamie

Well said

Thank You

Gil

[Job13]

RIP Freedom of Speech

[Crystal33]

It seems to be money first, patients second. I don't get how these extremely wealthy doctors don't feel personally compelled to do all they can to help a person that they have damaged. What sort of people are they?

[zfontana]

[quote=fuzzy;10986]The only thing I do know about this has to do with marketing a service in the US which is legal in the country it is practiced in, but not in the US. There is nothing illegal about a spinal surgery in the US of A. In this case only devices non approved in the US and that is only partially true as well. When one undergoes a surgery one is made well aware of the risks in Germany, just like here. This suit as no merit and will be totally unenforceable in Germany. It is a waste of money and time. So typical of this country and a reason why healthcare is so expensive (sorry to break this news). If the attorneys are working on a retainer they are wasting this patients money.



I am guessing here but if the patient could prove in Germany that the surgery was totally un called for (not medically nessesary) maybe then there would be a case in Germany. I am sure there was a good enough reason for doing the surgery otherwise Stenum would not do it. Especially not after the disaster at the Alpha Klinik.[/QUOTE

[Maria]

To use profanity here. Everyone else made their point w/o doing so keeping things civil while stating their opinions.

[Spine Advocate]

Stenum advertizes to Americans and there is a website called Stenum Nightmare by another patient who got bad treatment there. He was supposed to get the M6 but he got a Depuy disk that messed him up.

Let's face it, even in Germany it's about the money.

It sounds like the suit has merit and that there was gross misconduct.

What happens is the device companies kickback money to doctors. Medtronic was fined several times for doing it and in the case of Infuse bone morphogenic protein clinical trials over 100 doctors lied to FDA investigators after being bribed by Medtronics. This resulted in death and injury and huge profits for Medtronics.

Medtronics also marketed stents for heart use that were only approved for bile duct. Quite a few patients were injured and killed.

If a surgery practice uses Medtronic products then you can bet that they are unethical.

Let's not fool ourselves, doctors are greedy and Bertignalli is probably no exception.

>>>>>>>>>>>>>>>> Edit by mmglobal <<<<<<<<<<<<<<<<<<
I have removed a reference to a site called medical holocost. While I do not mind people coming here and posting negative information about spine, I do mind the hyperbole that equates failures of our medical system with genocide and is loaded with pictures hanging corpses and mass graves filled with emaciate bodies. I don't believe that this 'over the top' kind of expression helps to foster the type of dialog that people come here for. Again, I don't mind the negative stories. This is not about focus of the medical holocost website... it is about offensive material that is completely unrelated to the subject at hand. If that website gets cleaned up... leaving the major content and deleting the offensive material... I'll not object to seeing it linked here. (Not endlessly, but when it's appropriate in context.)
>>>>>>>>>>>>>>>> End of edit by mmglobal <<<<<<<<<<<<<<<<<<

[mmglobal]

The unnecessary profanity in this thread has been cleaned up.... thank you!

I found it necessary to delete a reference to an objectionable website by Spine Advocate. See edit in above post.