US lawsuit by Stenum ADR patient.

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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