Navigation Links
Virginia Judge Rules Medical Device Pioneer Committed Malpractice
Date:4/29/2008

RICHMOND, Va., April 29 /PRNewswire/ -- The principal U.S. investigator for the Maverick(TM) artificial disc device has been found liable for malpractice in his use of the device by a state court judge in Richmond, Va. Garver v. Mathews, CL No. 07-206, Circuit Court, City of Richmond, Va.

Judge T.J. Markow awarded damages of $650,000 against Hallett H. Mathews, M.D., and Midatlantic Spine Specialists, P.C. Dr. Mathews is a prominent spine surgeon who now works as a vice president for Medtronic, the manufacturer of the Maverick(TM) Artificial Disc.

The damages were awarded to Eric M. Garver, M.D., who is himself a spine surgeon in Bridgeport, Connecticut. Dr. Garver traveled to Richmond in April 2005 to undergo surgery by Dr. Mathews, who installed a Maverick at the L5-S1 level of Dr. Garver's spine.

The device consists of two metal plates that fit into the patient's disc space with a ball and socket between them, which is intended to maintain the natural mobility of the disc as an alternative to traditional spinal fusion. See the manufacturer's web site for more details: http://www.maverickdisc.com/about-maverick-disc.html.

Judge Markow, who heard three days of evidence in a lawsuit brought by Dr. Garver, issued a written decision in which he found that Dr. Mathews had violated "the standard of care in preparing the disc space for insertion of the Maverick artificial disc." The standard for the surgery, written by the defendant himself and other spine surgeons, required that the disc space be "meticulously cleared of materials that might be driven into nerves behind the disc space by insertion of the artificial disc," the judge wrote. In the Garver surgery, Dr. Mathews, while inserting the artificial disc, drove material from the disc space into the patient's S-1 nerve root on his right side. This caused permanent injury to the nerve with pain and difficulty using the right leg.

A fragment of bone and disc the size of an olive was retrieved from Dr. Garver's spine two weeks after the Mathews surgery by a neurosurgeon in Bridgeport, Conn. That surgeon, Dr. Patrick Mastroianni, testified at the trial that he found the fragment pressing against the nerve root. Removal caused some relief of Dr. Garver's symptoms, but he ended up with a chronic pain syndrome that is poorly controlled even taking multiple drugs every day. His previous condition, with back pain and pain going into his left leg, was cured by the Mathews surgery.

At the time of the surgery, Dr. Mathews was a surgeon in private practice who ran one of 32 sites in the United States at which the Maverick device was inserted into selected patients, and who also was the principal U.S. investigator for the manufacturer's application to the Food and Drug Administration. The device is still considered experimental while the Medtronic application to the FDA is pending.

According to testimony at trial, Dr. Mathews received consulting fees from Medtronic of around $700,000 in 2004 and 2005, although he was not paid anything for the clinical trial itself. Dr. Mathews testified that he gave up his surgical practice at the end of 2006 to work full-time for Medtronic. His current position is Vice President Medical Affairs for Medtronic Spine and Biologics' division in Memphis, TN. Mathews is a former member of the board of directors of the North American Spine Society, a group of surgeons who specialize in spine surgery.

Dr. Garver was represented at trial by Patrick Malone of Patrick Malone & Associates, P.C., of Washington, D.C., http://www.patrickmalonelaw.com and Thomas Albro and Lee Livingston of Tremblay and Smith, L.L.P., of Charlottesville, Va.

Contact for further information: Patrick Malone, 202-742-1500, pmalone@patrickmalonelaw.com.


'/>"/>
SOURCE Patrick Malone & Associates, P.C.
Copyright©2008 PR Newswire.
All rights reserved

Related medicine news :

1. Virginia Tech Report Has National Importance
2. Virginia Tech Review Panel Calls For Reform of Mental Health Treatment Law
3. Patient Advocate Foundation Launches Program to Help Uninsured Virginians with Chronic, Debilitating and Life-Threatening Illness Access Quality Healthcare
4. Virginia Techs Raving First Year Results Lead to Additional High-Tech Antimicrobial Defense from SportCoatings(TM)
5. Thomson Healthcare Endorsed as Preferred Vendor of Information Products and Services for Virginia Hospitals
6. Virginia Faith Leaders Call on Senators Webb & Warner to Cosponsor Legislation to Protect Kids from Tobacco
7. Anthem Blue Cross and Blue Shield in Virginia Introduces New Generation of Consumer Driven Health Products
8. The Virginia G. Piper Charitable Trust and Flinn Foundation launch
9. Virginia G. Piper Charitable Trust and Flinn Foundation launch molecular diagnostics initiative
10. States Largest Medicaid Managed Care Plan Offering Training to Combat West Virginia Obesity Epidemic
11. Virginia Attorney General Addresses Drunk Driving and Underage Drinking in New Radio Campaign
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:6/25/2016)... CA (PRWEB) , ... June 25, 2016 , ... As ... with Magna Cum Laude and his M.D from the David Geffen School of Medicine ... and returned to Los Angeles to complete his fellowship in hematology/oncology at the UCLA-Olive ...
(Date:6/24/2016)... ... June 24, 2016 , ... A recent article published June 14 ... The article goes on to state that individuals are now more comfortable seeking to ... operations such as calf and cheek reduction. The Los Angeles area medical group, Beverly ...
(Date:6/24/2016)... Texas (PRWEB) , ... June 24, 2016 , ... ... International Conference and Scientific Sessions in Dallas that it will receive two significant ... of the grants came as PHA marked its 25th anniversary by recognizing patients, ...
(Date:6/24/2016)... , ... June 24, 2016 , ... Topical BioMedics, Inc, makers of Topricin and MyPainAway ... call for a minimum wage raise to $12 an hour by 2020 and then adjusting ... restore the lost value of the minimum wage, assure the wage floor does not erode ...
(Date:6/24/2016)... ... June 24, 2016 , ... ... Grove Investment Group (TGIG), has initiated cultivation and processing operations at its production ... and Pahrump, Nevada. , Puradigm is the manufacturer of a complete system of ...
Breaking Medicine News(10 mins):
(Date:6/24/2016)... Research and Markets has announced the addition of ... report to their offering. ... The World Market for Companion Diagnostics covers the world market ... the report includes the following: , World ... Region (N. America, EU, ROW), 2015-2020 , World IVD ...
(Date:6/24/2016)... Tenn. , June 24, 2016  Arkis ... providing less invasive and more durable cerebrospinal fluid ... in funding.  The Series-A funding is led by ... Lighthouse Fund, and other private investors.  Arkis, new ... neurosurgical instrumentation and the market release of its ...
(Date:6/23/2016)... Research and Markets has announced ... Type (Organic Chemical (Sugar, Petrochemical, Glycerin), Inorganic Chemical), Functionality ... - Global Forecast to 2021" report to their ... global pharmaceutical excipients market is projected to reach USD ... in the forecast period 2016 to 2021. ...
Breaking Medicine Technology: