Contaminated Bone & Tissue Litigation

Pittman, Dutton, Kirby & Hellums P.C. is currently investigating cases involving potentially unsanitary and diseased human tissue, bones and organs being used in transplant surgeries nationwide. The human tissue bank industry has been turned into an unfortunate "commodity" trade that puts profit over safety at the expense of dignity and disease. This industry brings in an estimated $1 billion annually and has been under increased scrutiny following an FDA probe last fall into an alleged body-snatching ring and allegations of illegal organ harvest. However, this issue stems far beyond the recent investigation and may include thousands of transplants of human tissue obtained both legally and illegally, some of which may even be considered instances of assault and battery.

Victims of unsafe and tainted tissue transplants may have undergone treatment as far back as early 2004, perhaps earlier, and hospitals nationwide have reported receipt of the illegally harvested and potentially dangerous tissue. Recalls have been issued by the following tissue processing firms:

Tutogen Medical, Inc., Alachua, Florida;
Regeneration Technologies, Inc. (RTI), also of Alachua, Florida
LifeCell Corp., Branchburg, New Jersey;
Lost Mountain Tissue Bank, Kennesaw, Georgia; and
Blood and Tissue Center of Central Texas, Austin, Texas.

Parts included in the recall were distributed between October 2003 and September 2005 and include human bone, skin, and tendons.

This problem may extend far beyond what has been included in these FDA recalls. It has only been since May 2005 that federal regulations have been put in place for the screening and inspection of human tissue. Therefore, anyone who has received a tissue transplant or bone graft and has been inexplicably diagnosed with Hepatitis, HIV, Syphilis or other infectious diseases should take the necessary steps to protect their legal rights. These diseases may be bone graft complications, or the result of tainted human tissue implants.

Although there is no guarantee that healthy recipients who received infected cadaver bone or tainted human tissue will become infected, serious infections have reported and it is recommended that all recipients of human bone and tissue grafts be tested for the following:

• Hepatitis B Virus (HBV): HBV often can present with flu-like complaints in the initial phase, then possibly go on to a symptom-free carrier (dormant) state. The degree of clinical symptoms of HBV infection varies in both acute (early) and chronic (late) disease. The chronic phase can progress to cirrhosis (scarring) and liver cancer.
• Hepatitis C Virus (HCV): With HCV the early process is most often without symptoms. Acute HCV typically leads to chronic infection; 60-80 percent of cases develop chronic hepatitis (abnormal liver enzymes). Chronic HCV is usually slowly progressive. Approximately 20 to 30 percent of the chronically infected individuals develop cirrhosis over a 20-30 year period. Chronic HCV is the most common cause of chronic liver disease and the most frequent indication for liver transplantation in the United States.
• HIV-AIDS
• Syphillis

These viruses can be detected by blood tests, but it may take weeks to months for the results to turn positive and individual cases vary widely. Testing at intervals and long-term observation is required. Each disease presents difficulties in diagnosis. The ongoing testing and increased uncertainty poses serious psychological damage for all transplant patients.

For more FDA information, go to http://www.fda.gov/bbs/topics/NEWS/2005/NEW01249.html or contact our firm.

PLEASE CONTACT US TO RECEIVE MORE INFORMATION OR WITH QUESTIONS ABOUT YOUR POTENTIAL CLAIM.