Bone Graft TB Outbreak 2023

The legal team at Lipton Law is currently handling multiple bone graft contamination cases from the 2021 outbreak. Our experience and knowledge of these cases make us extremely well-prepared to handle cases from the TB outbreak 2023. If you underwent a dental bone graft, spinal surgery, or fracture repair procedure and subsequently developed tuberculosis, you may have a case.

The main company involved in these lawsuits is Aziyo Biologics, and the main products involved are their ViBone Moldable and alloOss Plus products. Shipments of these products went out to 13 dental offices and hospitals in the following states.

• Michigan
• California
• Louisiana
• Oregon
• Virginia
• Texas
• New York

Our product liability lawyers are based in Southfield, Michigan, but we are investigating cases from the above states. It is rare and unusual for spinal or dental bone grafts to be associated with tuberculosis, especially from transplanted tissues. However, an investigation published in August 2022 stated that the donor from which the tissue was harvested had signs, symptoms, and risk factors for tuberculosis that were unrecognized by Aziyo.

Injured patients deserve compensation for their severe pain, bone graft failures, medical bills, and other associated damages. The team at Lipton Law has nurses on staff who advise our attorneys on cases involving medical subject matter. This helps ensure we can craft the strongest possible cases for our clients. To schedule a free consultation about your case, please call our office at 248-557-1688 today.

NOTE: We are investigating and accepting cases in Michigan, California, Louisiana, Oregon, Virginia, Texas, and New York.

What to Know About Recent Bone Graft Lawsuits

Between March and April of 2021, 154 containers of bone repair products were shipped to 37 facilities in 20 states across the U.S. Of the 154 containers, 136 containers were implanted into 113 patients. Aziyo Biologics, Inc. manufactured those products, and all of the products originated from a single cadaver tissue donor. At the time, Delaware and Indiana reported the most cases.

Those products were linked to a rare tuberculosis (TB) outbreak that affected over 100 patients who underwent spinal surgery. Eight of those patients died as a result of the tuberculosis infection. These infections were caused by the bone graft material being tainted with mycobacterium tuberculosis bacteria. Because Aziyo processed the material for bone grafts, they are responsible for ensuring it is contamination-free. This is true even though processed bone minerals are not usually tested for TB because of its rarity.

Now, in 2023, the same type of bone graft product has been linked to a second TB outbreak. Tuberculosis is a rare disease, yet this is the second outbreak in two years. In the 2023 TB outbreak, the product has been used in at least 36 patients who underwent dental bone grafting, spinal surgery, or fracture repair.

What Is a Bone Graft Procedure?

Bone grafts are surgical procedures in which a surgeon uses transplanted bone or bone material to rebuild or repair bones that are damaged or diseased. This technique can be used to repair bones nearly anywhere in the body. Many patients undergo dental bone grafts before they receive dental implants. They are also an option for repairing fractures, diseases of the bone (like cancer or osteonecrosis), spinal fusion surgery, cervical spine surgery, and certain surgical implants.

The main purposes of a bone graft procedure are to promote bone growth. Generally, surgeons will take bone from a patient’s ribs, legs, or hips for their bone graft. However, many surgeons also use bone tissue or bone materials from cadavers.

Spinal Surgery, Dental Surgery, and Fracture Repair Bone Graft Infection Symptoms

As with any surgery, bone graft procedures have risks. They are generally very safe for patients, but possible complications include bleeding, infections, blood clots, anesthesia complications, and nerve damage. According to Johns Hopkins Medicine, infection from a donated bone is considered very rare.

Some common symptoms of an infected, failed bone graft include the following.

• Fever
• Soreness
• Inflammation
• Increased pain in the surgery area
• Pus around the graft site
• Injury to blood vessels
• Bleeding
• Redness in gum tissue

Symptoms can vary when dental bone grafts fail compared to other bone graft failures. If your symptoms persist or you have any unusual symptoms, speak with your doctor as soon as possible.

Why Are People Suing Over Bone Grafts?

The Centers for Disease Control and Prevention are currently ramping up their response to and investigation of the TB cases related to spinal, fracture, and dental bone graft material. According to their outbreak and patient notifications, the tuberculosis outbreak appears to originate from one product lot. The shipments of these products went out to 13 facilities across 7 states (Michigan, Louisiana, California, Oregon, Texas, Virginia, and New York). They were sent between February 27, 2023 and June 20, 2023.

The product’s manufacturer, Aziyo Biologics, issued a voluntary recall for these products on July 13, 2023. Currently, every state, facility, and patient involved has been notified of the issue. Thirty-six people are known to have had a surgical or dental bone graft using this product from the affected lot.

Patients are suing after they contracted tuberculosis from the contaminated product (FiberCel Fiber Viable Bone Matrix). The use of that product has been linked with post-surgery infections in many patients. Additionally, some patients have tested positive for TB after being treated with the product.

What Is Tuberculosis Caused By?

Tuberculosis is caused by a bacterium called Mycobacterium tuberculosis. If left untreated, the disease can cause serious health problems or even death. People infected with TB after being treated with the tainted product should contact both their doctor and an attorney as soon as possible.

The personal injury attorneys at Lipton Law are currently handling multiple cases related to the 2021 tuberculosis outbreak resulting from tainted bone graft material. With our first-hand experience, you can rest assured that your case will be in capable hands. Our firm is based in Michigan, one of the affected states, but we are investigating cases in all seven affected states.

What States Are Affected by the TB Outbreak 2023?

Currently, seven total states are affected by the tainted donor lot of bone graft materials. These states are Michigan, Louisiana, California, Oregon, Texas, Virginia, and New York.

How Many Patients Have Been Affected by the Tainted Bone Repair Product?

In 2021, at least 87 patients were affected by the tuberculosis outbreak from contaminated FiberCel viable bone matrix. Of those 87, eight patients died. In the 2023 outbreak, at least 36 patients underwent procedures in which the contaminated product was used. Of these 36 patients, one has died and at least four others are infected with TB.

Who Is Liable in the 2023 TB Infection Lawsuits?

One complaint filed by a Virginia man named William Wilcox names multiple defendants. He filed the case in Loudoun County Court in Virginia, but it has since moved to a federal court. The defendants listed in the complaint are as follows.

• Aziyo Biologics, Inc.
• Medtronic Sofamor Danke U.S.A.
• SpinalGraft Technologies, LLC
• DCI Donor Services, Inc.
• New Mexico Donor Services

FiberCel Lawsuit

The main product involved in the new TB cases is FiberCel Fiber Viable Bone Matrix. It was recalled on June 2, 2021 during the first outbreak. Because of the second outbreak of TB from their viable bone matrix products, Aziyo issued a voluntary recall of all those products on July 13, 2023.

Patients who have contracted tuberculosis as a direct result of having been treated with the recalled products may be eligible for financial compensation.

Are You Eligible for a Bone Graft Tuberculosis Infection Lawsuit?

When medical devices and bone graft products are properly prepared and packaged, they should be completely sterile and devoid of any contamination. Patients who contracted TB from contaminated bone graft products may be able to file a FiberCel lawsuit for compensation. This is because a contaminated bone graft product would be considered a defective product.

If you contracted TB or lost a loved one due to a TB infection directly resulting from the defective bone graft product, it is extremely important to speak with an attorney. To have a chance at compensation, you must be able to show direct causation between the bone graft material and your TB infection.

Patients who develop tuberculosis in these cases must undergo rigorous treatments for their TB. They may also require hospital stays or additional surgeries. If a patient suffers persistent or permanent organ damage from the infection, they may even need long-term medical care. This can lead to expensive medical bills, lost wages, and other damages.

Working with an attorney is crucial for these cases, which are often highly complex. Additionally, the defendants are large companies that will likely have teams of lawyers on their side. The attorneys at Lipton Law are already handling TB outbreak lawsuits, and we have extensive experience in product liability cases involving medical devices. Our team is aggressive in court while maintaining compassion for what our clients are going through. To schedule your free consultation with our team, please call our office at 248-557-1688 today.

Tuberculosis Infections Leading to Wrongful Death

Between the 2021 and 2023 outbreaks of TB, nine people died from bone graft matrix-related TB infections. Families of the patients who died may have the right to file a wrongful death lawsuit. In these cases, they may be able to seek compensation for damages like medical bills, lost wages, and funeral and burial expenses.

Contact the Michigan Product Liability Lawyers at Lipton Law for a Free Consultation

At Lipton Law, we take great pride in fighting for the rights of people injured by others’ negligence. We ensure that their voices are heard, even in cases against the largest companies. If you have contracted TB from a tainted spinal or dental bone graft product, or if you have lost a loved one to a TB infection, you may have a case. Contact the Michigan personal injury lawyers at Lipton Law today. We are currently handling TB lawsuit cases, and we are investigating cases in all seven affected states (Michigan, Louisiana, California, Oregon, Texas, Virginia, and New York). Call 248-557-1688 today to schedule your free consultation with us.