NEW ORLEANS – A New Orleans man has filed a lawsuit against medical device companies claiming he contracted tuberculosis from a contaminated implant during spine surgery.
Gerald F. Moll filed the lawsuit in federal court against Elutia, formerly known as Aziyo Biologics, Medtronic Sofamor Danek USA, SpinalGraft Technologies and Surgalign Holdings.
According to court documents, on March 7, 2023, Moll underwent spinal fusion surgery, during which a ViBone product, developed and manufactured by Aziyo and distributed and sold by Medtronic, SpinalGraft, and Surgalign Holdings, was implanted into his body. The implant was allegedly part of a lot subject to a later voluntary recall for being contaminated with Mycobacterium tuberculosis. As a result of receiving the contaminated implant, Moll claims he contracted tuberculosis.
The lawsuit says Aziyo, the manufacturer, engaged in negligent manufacturing and distribution of the contaminated product and references a prior 2021 recall involving a different bone graft product. It says the ViBone was unreasonably dangerous in its construction, design, and due to inadequate warning. Aziyo is accused of breaching express warranties regarding the safety of the ViBone product, despite alleged prior knowledge of contamination issues.
Defendants Medtronic, SpinalGraft and Surgalign are accused of negligently failing to inspect and test the human tissue used to manufacture the lot of recalled ViBone products for the presence of communicable diseases before allowing them to be sold and used.
Moll seeks compensatory damages for past and future pain and suffering, emotional distress, mental anguish, medical costs and monitoring, loss of normal life, diminished life expectancy, physical impairment, and disability, plus interest, attorney fees, court costs, and other relief.
He is being represented by John D. Sileo and Casey W. Moll of The Law Office of John D. Sileo in New Orleans.
U.S. District Court for the Eastern District of Louisiana case number 2:23-cv-06790