Bone graft surgeries are becoming more and more prevalent in the United States, especially with the advancement of medical technology.

Though the results of many bone graft surgeries are positive and helpful to many, a popular bone graft product for spinal fusion surgery is causing harm to an estimated thousands after being improperly used in cervical spine surgeries across the country.

The Infuse Bone Graft System is a liquid bio-engineered bone graft product, approved by the U.S. Food and Drug Administration (FDA) in 2002 as a medical device to be used in spinal fusion surgeries.

The old method of replacing a vertebra in the spine involved actually taking a piece of a patient’s hip, and then implanting it between the vertebrae in the spine. Infuse was designed to abolish this method by using a different bone in the patient or by using a cadaver bone.

Even though the Infuse bone graft was approved by the FDA, it is only approved for lumbar surgery that is performed through the abdomen, also known as an “anterior approach,” and also must be accompanied by an “LT-Cage.” This LT-Cage is a hollow, cylindrical metal that is used to insert the Infuse bone graft into the spine of the patient.

Plaintiffs Beemon and Hazwl Strausbaugh have filed an Infuse lawsuit, alleging that Mr. Strausbaugh suffered a severe injury after using the bone graft product in his cervical spine surgery, for an off-label use.

They allege in their Infuse bone graft lawsuit that the manufacturers of Infuse knew that off-label uses of Infuse could cause serious harm to patients, but still proceeded to market it heavily towards both the approved and off-label uses.

During the surgery, an LT-Cage was not used during Mr. Strausbaugh’s surgery. The FDA approved Infuse on the condition it was accompanied by the cage during spinal surgery. In addition to not using an LT-Cage, the physician used a “posterior approach” to insert the infuse product, surgically implanting from the back, rather than the front of the patient.

Both Mr. Strausbaugh and acting the surgeon were provided marketing and safety information by the manufacturers, prior to surgery, stating the safety and efficiency of using Infuse for this cervical spine procedure.

The alleged fraud and negligence by the Strausbaughs comes with the demand to cover the plaintiff’s medical expenses, in addition to any loss of earnings as a result of the Infuse surgery.

Medtronic Inc., the makers of Infuse, have enjoyed healthy profits from the sales of Infuse, reportedly selling more than $800 million worth of product in 2011.

The Infuse Bone Graft Lawsuit is Beemon & Hazel Strausbaugh v. Medtronic Inc., Case No. 2:14-cv-01211-ALM-EPD, in the U.S. District Court for the Central District of California.