Joe Osborne & Greg Francis, Personal Injury Lawyers & Founders of Osborne & Francis

Nuvasive MAGEC Lawsuit

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Legally Reviewed By
Dennis Faulkner

Do You Need to File a NuVasive MAGEC Lawsuit

What happens when a supposedly therapeutic treatment for scoliosis causes more harm than cure? If you or your child has been injured by the NuVasive MAGEC system, there are legal actions you can take to hold the company accountable.

The NuVasive MAGEC system was developed to help straighten the spines of children who have scoliosis using magnetic rod implants and an external remote controller (ERC) to make adjustments to those rods. Unfortunately, failures of the endcaps on these rods may have caused new damage to surrounding tissue (metal contamination, increased risk of infection, and pain) that in many cases requires unplanned surgeries to repair.

When children and adolescents are first diagnosed with scoliosis, one of the most important forms of treatment is prevention. Because scoliosis is a progressive condition in which a sideways curvature of the spine becomes more pronounced with age, slowing that progression is critical. However, medical implants for addressing this condition must be reliable and not cause further harm.

Headquartered in South Florida, the offices of Osborne & Francis have nationwide reach when it comes to defective products that are available across the United States. Reach out to our attorneys at ​​(561) 293-2600 as soon as possible so that we can begin work on your case right away.

This is not the first time NuVasive has had to recall medical devices due to biocompatibility issues. Our attorneys have researched and handled NuVasive lawsuits before. For more information on the possible complications caused by NuVasive MAGEC devices, who qualifies to pursue a lawsuit, and previous device recalls from NuVasive, read on.

A young girl with long hair stands with her back to the camera, adjusting her spine in discomfort.

Video Transcript

So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:

Number One: See a doctor immediately. 

A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.

A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care. 

‍Number Two: Write everything down.

Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain. 

You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered. 

‍Number Three: Do not speak to an insurance company until you've spoken to a lawyer.

Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them. 

So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.

Which MAGEC Devices Have Been Recalled?

The U.S. Food and Drug Administration (FDA) reports that NuVasive issued a recall of various spinal implants in February of 2020. The company also put a global shipping hold on these devices due to biocompatibility issues in April of 2021 (which it later lifted in July of 2021 for one marginally improved device design, detailed below).

The following implants have been recalled, and need to be regularly monitored in case of failure:

  • MAGEC Spinal Bracing and Distraction System
  • MAGEC 2 Spinal Bracing and Distraction System
  • MAGEC System
  • MAGEC System Model X device
  • MAGEC System Model X rod
  • MAGEC System Rods

The issue with these products is endcap separation, which can lead to corrosion of the rods. This degradation of the implant can then cause metal contamination of the surrounding tissue and bloodstream, and pain due to the instability of the compromised implant. It makes continued magnetic therapy ineffective, and often requires an unplanned surgery to remove, repair, or replace the device. This can cause pain to your child, cost money from your family, and interrupt the daily enjoyment of life, school functions, and quality time.

The only product available to U.S. patients that has been modified to address the endcap separation problem is the MAGEC X rod (MAGEC 2b). However, the label on this device also includes information about the potential health risks related to these rods.

The FDA states that it continues to receive reports of problems related to endcap separation, even after the rod redesign. They recommend that any individual experiencing unexpected back pain after device implantation should seek a doctor’s advice. Your physician may order an X-ray scan to evaluate the integrity of the device and the best available treatment options.

Medical product liability is a complex area of law that requires knowledgeable counsel. The successful verdicts and settlements achieved by Osborne and Francis include multi-million dollar medical device implant victories for hip and surgical mesh cases (see FAQs for specific case details).

What Complications Arise From MAGEC Rods?

The main reason for the above recalls is the issue of endcap separation, which NuVasive’s urgent product recall claims “occurred in approximately 0.5%” of cases.” However, even without the defective device, a 4-year follow-up study on magnetic controlled growing rods for early-onset scoliosis found that 75% of the patients monitored needed to undergo revision surgery after rod implantation.

A similar 3-year study also found that there were 13 implant-related complications in 6 out of 18 patients monitored. A device from NuVasive that can essentially fall apart greatly increases the already-present risk of complications from magnetic rod spinal implants.

The clinical impact of NuVasive MAGEC device failures could include:

  • Hastened degeneration of the internal components of the device, which means it may no longer function properly to prevent scoliosis curvature
  • Toxic release of titanium alloy debris into surrounding tissues, which could cause metallosis (aka metal poisoning)
  • Loosening, fracturing, corroding, and migrating of the metallic implants

These complications can cause pain, require surgical intervention, and could jeopardize the health of individuals who are already dealing with a delicate spinal condition.

If you or your child were injured by a NuVasive MAGEC device, you may be able to hold them legally and financially accountable for the harm done.

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Why Are People Filing Lawsuits Against NuVasive MAGEC Rods?

The pain, damage, time, stress, and cost associated with a defective Nuvasive MAGEC Rod implant can be overwhelming. These issues affect the patient as well as their family and loved ones. Medical complications can interrupt preventative scoliosis treatments, and potentially worsen the condition or cause new injuries.

People are filing lawsuits against NuVasive because a settlement or successful verdict can help cover:

  • Medical bills related to pain management, removal surgery, and any other resulting issues due to device failure
  • Lost wages for the patient or their caretakers, like sick and vacation time used for recovery, advancement opportunities missed, or unemployment due to the complications
  • Pain and suffering hardships, including both physical and psychological symptoms

These lawsuits also help incentivize companies like NuVasive to implement higher safety standards for their products. The more corporations are held accountable for their mistakes, the less likely they are to release new medical products before thoroughly investigating the potential risks.

Increased Risk of Psychological Harm for Children and Adolescents

According to the Scoliosis Reduction Center, children and adolescents with scoliosis are 40% more likely to experience suicidal thoughts. A scoliosis diagnosis already comes with fears and anxiety about abnormal body development. These worries place increased strain on your child’s friendships and relationships with peers.

Young scoliosis patients are already vulnerable to severe emotional stress, and unnecessary surgical complications could exacerbate all of those issues. An experienced lawyer will know how to translate real psychological harm into language and figures that can be understood in court.

When a person consents to have a medical device implanted in their body, its sole purpose is to improve their health or well-being. If that device fails, the consequences should not be left for the patient to bear alone. The least that NuVasive can do is take responsibility for the damage done, and the procedures that are required to prevent further harm.

Who Qualifies to File a Lawsuit?

Qualifying eligibility circumstances for individual patients or the parents/guardians of an affected child may include:

  • Anyone who received one of the recalled MAGEC system spine implants
  • Those who received a NuVasive MAGEC device implant on or after September 1, 2014
  • Individuals who received a NuVasive MAGEC device implant before the age of 10 and suffered later complications

The age of the patient at the time of implantation is relevant because there are filing deadlines (known as “statutes of limitations”) in each state regarding personal injury and product liability. These rules are sometimes modified based on age, so that injured children can take legal action once they’re old enough to do so.

There may also be exceptions to these time limits based on when your symptoms first became noticeable, when you were notified about the device recall, or if you were misled about the dangers of the device before implantation. If you are unsure about any of these requirements, contact a lawyer for guidance about your legal options.

If you miss your window of opportunity to file a lawsuit before a statute of limitations deadline arrives, you may never be able to access the compensation you’re entitled to under the law. Time may be running out, so do not hesitate — contact Osborne and Francis right away at (561) 293-2600.

What medical device injuries cases have attorneys from Osborne & Francis won?

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Alfred

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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!

J. Davis

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

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Choose Experienced Product Liability and Personal Injury Attorneys

This is not the only NuVasive product that has presented biocompatibility issues. Their NuVasive Precice devices for limb lengthening or shortening procedures had enough adverse reports to warrant an FDA warning letter. Just as with the MAGEC System, this other product also involves adjustable rod implants driven by internal magnetic mechanisms. Precice devices also showed evidence of causing pain and damage to surrounding tissue and bone.

We have investigated dangerous NuVasive products before and are fully prepared to do so again on your behalf. Not only does your family deserve compensation for the injuries caused by NuVasive MAGEC rod failures, it’s also important to hold this company accountable for these defective devices. The attorneys at Osborne & Francis have proven experience with cases involving dangerous medical devices like faulty hip implants, painful vaginal mesh products, and NuVasive implants specifically.

Contact Osborne & Francis at (561) 293-2600 as soon as possible. You may be just one phone call away from the legal journey that improves your life and your child’s future.

Frequently Asked Questions

What medical device injuries cases have attorneys from Osborne & Francis won?

Defective medical device and implant cases successfully handled by Osborne & Francis include:

  • Boston Scientific Pinnacle Mesh Device: A $26.7 million verdict for four women injured by the company’s vaginal inserts
  • Zimmer Kinectiv Hip Implant: A $2 million verdict for a hip implant case which required multiple revision surgeries for the plaintiff
  • Stryker Hip Implants: Confidential settlements were delivered for hundreds of individuals injured by toxic metal contamination due to Stryker’s recalled V40 hip implant

Whether working on behalf of one or multiple individuals, your attorney from Osborne & Francis has the proven experience you need when pursuing a defective medical device lawsuit.

What is the risk of metallosis from NuVasive MAGEC System rods?

Metallosis, aka metal poisoning, can occur when the titanium MAGEC rods break or corrode within the body. While solid titanium implants are largely safe and non-toxic to living tissue, if metal shavings break off, they can embed in the surrounding tissue or enter the bloodstream. A buildup of titanium in the body can cause:

  • Necrosis (tissue death)
  • Inflammation, swelling, and pain
  • Systemic issues like respiratory inflammation, cognitive impairment, thyroid problems, skin rashes, nail discoloration, lymphedema, and vision and hearing damage

The long-term effects of metallosis in children could lead to later-in-life conditions and complications.

How many NuVasive MAGEC System surgeries are necessary?

When successfully implanted and if the endcaps hold, a child shouldn’t need another surgery until after they stop growing and the rods are removed. However, if a child experiences complications due to a defective implant, they may need multiple additional surgeries to remove, replace, reposition, or clean up the area around the device.

Your child deserves better. By filing a lawsuit, you may be able to afford top-quality medical and therapeutic treatment, and possibly help prevent other children from similar harm.

How long do I have to file a NuVasive MAGEC lawsuit?

In Florida, where Osborne & Francis is based, the filing deadline for defective medical device cases is four years from the date that you knew the device in question caused your injury. However, for cases that involve medical malpractice (such as provider misinformation about known risks of the device or mistakes made during surgery), those claims would need to be addressed within two years of the injury.

Minor children may have special recourse in certain circumstances, and every state’s filing limitation is different. It’s vital that you contact an experienced personal injury attorney from Osborne & Francis at (561) 293-2600 right away to make sure your injury isn’t overlooked.

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