Delaware Suit May Be First of Many Over Bone Graft Linked to Tuberculosis

A Delaware man is the first to take legal action against the manufacturer of a batch of a bone graft product that’s reported to have caused patients to contract tuberculosis post-surgery.

The lot of FiberCel, the product made by Delaware-based biotechnology company Aziyo Inc., included 154 units distributed across 20 states, and the company has recognized at least four patients who received FiberCel from that lot have developed tuberculosis.

Attorneys with Morris James and Saltz Mongeluzzi & Bendesky filed a complaint in Delaware Superior Court on Wednesday on behalf of Richard Williams, a 74-year-old Bear resident who was diagnosed with the illness after undergoing spinal surgery in April at Christiana Care, which the complaint states has implemented 23 of the 30 FiberCel units.

The complaint brings negligence, breach of warranty and medical monitoring claims. Keith E. Donovan, managing partner at Morris James, said he anticipates filing actions on behalf of others infected with tuberculosis in the near future.

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