CINCINNATI (Legal Newsline) – Three individuals allege that a drug was fraudulently implanted in them during surgeries without their consent.
James Cuzzort, Terry Collins and Sara Huenstein, on behalf of themselves and all others similarly situated filed a complaint on Dec. 11 in the U.S. District Court for the Southern District of Ohio, Cincinnati Division against West Chester Hospital LLC and UC Health LLC alleging fraud by concealment, negligence and other counts.
According to the complaint, the plaintiffs allege that between 2009 and 2013, defendants' employee Abubakar Atig Durrani performed thousands of spinal surgeries. They allege that with defendants' knowledge but without the knowledge or consent of the patients, Durrani implanted the BMP-2/Infuse drug to promote bone growth. The plaintiffs allege the drug carries very significant health risks that were concealed to them and were charged to their bills without them knowing.
The plaintiffs holds West Chester Hospital LLC and UC Health LLC responsible because the defendants allegedly failed to disclose information about the drug prior to or after its placement, failed to inform patients that the drug was placed in them during surgeries and concealed it in their billing statements and intraoperative reports.
The plaintiffs request a trial by jury and seek award of compensatory, all actual, exemplary, special, and statutory, treble and consequential damages; pre- and post-judgment interest; and such other and further relief as the court deems appropriate under the circumstances. They are represented by Alan J. Statman and Sylvie Derrien of Statman, Harris & Eyrich LLC in Cincinnati.
U.S. District Court for the Southern District of Ohio Cincinnati Division case number 1:17-cv-00827-TSB