You might have already heard of the Medtronic Infuse Bone Grafting procedure, but do you know if it’s safe? Medtronic admits paying a surgeon $800,000 for his participation in the Infuse study. The payments reportedly helped the company convince the FDA to approve the device. The company’s financial ties with the surgeon also prompted an investigation by the Senate Committee on Finance. Medtronic Infuse lawsuits If you suffered from serious injuries or were denied full compensation because of the defective Medtronic Infuse Bone Grafting device, you may be able to file a claim against the company for damages. Depending on the circumstances of your case, you may be able to seek damages for past and future medical expenses, pain and suffering, and more. In some cases, you can file a Mass Tort lawsuit against Medtronic. There have been numerous claims filed against Medtronic for promoting the off-label use of its Infuse Bone Graft device. The FDA has not approved this product for any use other than a vertebral fusion, which makes it illegal. Patients who had undergone off-label procedures have filed lawsuits against Medtronic to recover damages. In one recent case, a California woman filed a personal injury lawsuit against the company, claiming that the device had caused her severe pain and nerve compression. Complications The Medtronic Infuse Bone Grafted is a genetically engineered substance made from human bone and cow collagen, intended to stimulate bone growth. It is approved for use in two dental procedures and one type of spine surgery. However, three-quarters of reported Infuse Bone Graft complications occurred with uses not approved by the FDA. In fact, the FDA issued an alert in 2008 citing the risk of rhBMP-2 for cervical spine fusion surgeries. Because of the risks of this graft, it should not be used in off-label procedures. Medtronic failed to warn the medical community and consumers about herotopic bone growth, also known as bone overgrowth. It is important to note that patients who received Medtronic Infuse Bone Grafts had lower back pain, but there were no reported cases of spinal fusion. This is a significant medical problem, especially if there are multiple levels. Financial ties Infuse is a manufactured version of human bone-growth protein that was approved by the U.S. Food and Drug Administration in 2002 to replace bone grafts in spinal surgeries. Approximately 85 percent of sales have come from off-label uses, however, and the FDA has warned doctors about the risks. Infuse was found to be causing serious complications in patients, and a Senate Finance Committee investigation found that Medtronic had “heavily influenced” published studies on the product. It also paid doctors $210 million for writing those studies. Two Medtronic units have agreed to settle investigations by the attorneys general of five states. Infuse’s financial ties were also cited as a factor in the lawsuit. Medtronic filed a securities filing in June 2012, disclosing settlements with more than 4,000 Infuse bone graft lawsuits. The company also disclosed that it settled a lawsuit involving a $175 million settlement with one patient, with another 4,000 pending. The lawsuit alleged that the company failed to disclose many “off-label” sales, or sales of the product that aren’t in accordance with the primary function of the graft. Whistleblowers The case against Medtronic has been consolidated into a single class action, with the lawyers representing whistleblowers, including Jacqueline Poteet and Bobbie Vaden. While Poteet and Vaden are not part of the original class, their lawsuits were filed in response to alleged misconduct at Medtronic. They allege that the company was misusing government funds to make off-label sales of their grafts, which often lead to negative outcomes and even deaths. Several whistleblowers alleged that Medtronic improperly marketed products. These cases involve claims of improper marketing and inducements of physicians to use Medtronic spine products. Two of the lawsuits have been settled for $40 million each. While the whistleblowers did not admit wrongdoing, they are still entitled to a share of the federal recovery. Timeliness of filing The timeliness of filing a Medtronic Infuse Bone Grafting lawsuit is critical for proving Medtronic was negligent in the design and promotion of this device. While it is true that the FDA did not approve Infuse before its pre-market approval in 2002, the company warned of its restrictions and suggested using a metal cage for this type of procedure. As the timeframe for filing a suit varies by state, it is important to act quickly. There are specific deadlines for filing a lawsuit. The law firm of Hare, Wynn, Newell & Newton understands the repercussions of an injury, death, or disability, and the thought of taking legal action. That is why we have dedicated ourselves to helping victims of Medtronic products.

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When you are working as a medical insurance case manager, you may not be receiving the appropriate overtime pay. However, the law allows you to make a claim against your employer if you believe that you were misclassified as an “exempt” employee. This is known as a class action lawsuit. There are three major types of lawsuits against employers for failing to pay overtime: Exemption, Misclassification, and Class action lawsuits.

Class action lawsuits

Whether your job includes handling health insurance claims or providing client service, you may be entitled to overtime pay. If your employer fails to pay you the appropriate amount for extra hours, consider filing a class action lawsuit. Federal law requires employers to pay employees for each hour worked over 40 hours. This is also known as “time and a half” pay. Medical insurance companies have been known to underpay workers for hours worked beyond 40.


While most employees are entitled to overtime pay, the common practice of companies is to give workers inflated job titles and salary levels while claiming that they are exempt from overtime pay. This practice is illegal and unethical, and a good attorney can help you recover the unpaid wages you deserve. The attorneys at Morgan & Morgan have experience helping misclassified employees recover their unpaid overtime wages. Listed below are some common misclassification cases.

Wage and hour violations are among the most common workplace violations, and they can be overt or subtle. One recent case involves Carolyn J. O’Leary, a clinical nurse advisor who worked for Humana Insurance Company. Her primary responsibilities included determining coverage for health care providers. Although she was working longer hours than other employees, she was classified as an exempt employee, which meant that she was not entitled to overtime pay or other employee benefits. A group of her fellow employees joined the lawsuit, which was ultimately successful.

Exemption from overtime pay

There are several factors to consider before filing a lawsuit for improper overtime pay for medical insurance case managers. Exemption from the overtime pay rules can be obtained through a few different methods. While administrative employees typically don’t qualify for overtime, professionals and office workers are not. The professional exemption applies to individuals who do work requiring specialized knowledge and skill, such as lawyers and doctors. Additionally, outside sales employees generally are not eligible for overtime pay.

There are two common legal strategies that employers can use to defend their policies against claims that claim these employees aren’t entitled to overtime pay. Firstly, employers are required to maintain accurate records of hours worked by nonexempt employees. This is particularly important if the case involves an employee who is not physically punching a time clock. However, if the employee has a computerized time recording system, then it may be able to challenge the company’s exempt status.

While employers may argue that case managers don’t qualify for overtime pay, there’s a problem with this argument: the FLSA does not apply to non-exempt workers, which is why they are covered by state overtime laws. Maine, however, has a separate statute regarding salary requirements for non-exempt employees. The state has a higher wage than the federal standard. For more information, contact our employment compliance advisors today.

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