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

NuVasive Precice System Lawsuits

NuVasive Precice devices are medical implants designed for use in limb lengthening or shortening procedures, fracture fixation, and long bone transport operations. Such devices operate through adjustable rods placed inside the patient, which are driven by internal magnet mechanisms.

In July of 2021, the Food and Drug Administration (FDA) issued a letter to health care providers warning them of potential health and injury risks associated with various Precice devices. These included reports of pain and changes in soft tissue and bone surrounding Precice devices.

If you or a loved one have used a Precice device and experienced any injuries or abnormalities, you may need to pursue legal action for damages. A qualified medical products lawyer at Osborne & Francis can provide you with:

  • Legal advice for your claim
  • Assistance with documents and forms
  • Guidance throughout the process
  • Representation in court

Contact us at (561) 293-2600 to schedule a free consultation to discuss your legal options. Our attorneys have a proven track record in holding large medical device manufacturers responsible for the dangers they have presented to the public for defective devices.

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.

Why Is NuVasive Being Sued?

NuVasive is being sued in connection with the company’s Precice devices which could lead to biocompatibility issues. Biocompatibility refers to an implant’s ability to perform well in the body without causing rejection or other problems and injury. Bio-incompatibility can result in injuries and medical conditions like bone abnormalities, tissue degradation, inflammation, immune responses, cancer, and other negative reactions.

In February of 2021, NuVasive issued a voluntary recall for various limb lengthening Precice System implants due to biocompatibility concerns. Since then, patients have been filing lawsuits for injuries caused by the biocompatibility issues.

There is a time limit to file a personal injury lawsuit called the statute of limitations. Be sure to contact an attorney right away, so you don’t lose your right to file a NuVasive Precice System lawsuit for compensation.

Which NuVasive & Precice Devices Have Been Recalled?

NuVasive has recalled several stainless steel and titanium-based Precice devices due to potential injury risks they present to patients.

Stainless Steel-Based NuVasive Products

While the company hasn’t confirmed the exact cause of the stainless steel product defects, reports seem to indicate problems where the telescoping (moving) parts of nails come together. There may also be issues regarding wear, corrosion, and exposure of various components.

Recalled stainless steel-based (Biodur 108) Precise devices include:

Since personal injury cases are widely diverse, there is no one-size-fits-all answer to what a personal injury settlement could mean for you and your family — call Osborne & Francis at (561) 293-2600 to have your specific questions answered.

  • Precice Bone Transport
  • Precice Plate
  • Precice Stryde

Patients with stainless steel NuVasive Precice devices are currently reporting pain and changes in bone and soft tissue surrounding the implants. You should contact a lawyer if you have been fitted with a stainless steel Precice device and are experiencing any pain or changes in the area.

Titanium-Based NuVasive Products

The FDA has not yet received reports of biocompatibility connected with titanium-based Precice implants. Nevertheless, NuVasive is currently investigating various titanium-based products for similar adverse events detected with the stainless steel products.

Recalled titanium-based Precice devices include:

While no lawsuit can fully undo an injury and what you’ve been through, the damages award can provide financial assistance for:

  • Precice Freedom
  • Precice Intramedullary Limb Lengthening (IMLL) Device
  • Precice Short
  • Precice Unyte

In general, titanium-based implants are associated with various disadvantages, including low biologic activity. This can in turn reduce growth of fibrous tissue, allowing for loosening of the implant, inflammation, abrasion, and other allergic reactions.

Thus, whether you or a loved one were fitted with stainless-steel or titanium Precice devices, you may need to contact a lawyer to determine the status of the product. Even if your product is not on the recall list, it could be subject to recall or investigation in the future.

contact our office to speak to a lawyer.

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What Do Damages Awards From NuVasive Precice System Lawsuits Cover?

While each case may be different, damages awards from a NuVasive Precice System lawsuit can cover a wide range of costs and expenses, including:

  • Medical and hospital bills
  • Costs of additional corrective surgery (known as “revision surgery”)
  • Expenses not covered by traditional insurance
  • Lost wages and loss of the ability to generate income
  • Pain and suffering
  • Loss of companionship of a loved one

Damages will vary depending on various factors, including the severity of the injuries involved, the extent of the lifestyle changes, and even the skill or experience of the attorney handling the case. This is why it’s important to contact a lawyer with a proven background in medical device litigation.

If you are unsure of whether you qualify to file a lawsuit, contact the lawyers at Osborne & Francis at (561) 293-2600 for more guidance and direction. Investigations are still ongoing, and new information may shed new light on potentially affected products.

What Injuries Were Named in This Lawsuit?

NuVasive Precice System lawsuits are focusing on biocompatibility injuries — complications caused by the body reacting poorly to the implant device. These include bone problems, tissue reactions, and other injuries.

In particular, patients with Precice Stryde implants had pain and abnormal growth at the nail junction. Retrieved nails were found with corrosion and discoloration, and biological material was found in the nail.

NuVasive is currently investigating health problems linked to biocompatibility issues with its Precice devices, including:

  • Cancer
  • Chronic toxicity
  • Developmental toxicity
  • Reproductive toxicity

These types of injuries are often caused by improper or incomplete testing for biocompatibility. In such cases, the manufacturer responsible for such defective products must be held liable for their misconduct.

Seek immediate medical attention and contact a lawyer if you believe you may have been injured by NuVasive Precice products.

How Do I Qualify to Join This Lawsuit?

Patients with the following conditions may qualify for a NuVasive Precice System lawsuit:

  • Bone abnormalities
  • Bone degradation
  • Cancer
  • Developmental Effects
  • Pain
  • Reproductive System Problems
  • Skin Irritation or Burns
  • Tissue Death (necrosis) Around the Implant
  • Thrombosis
  • Tissue Degradation

Additional eligibility factors may include:

  • You had a Precice device implanted onto your limb or your spine
  • You were at 18 years old or older at the time of the implant
  • Your device was implanted in or after the year 2013
  • Your device was adjusted using magnetic mechanisms or the remote external control

If you are unsure of whether you qualify to file a lawsuit, contact the lawyers at Osborne & Francis at (561) 293-2600 for more guidance and direction. Investigations are still ongoing, and new information may shed new light on potentially affected products. As mentioned, filing deadlines apply, so don’t delay in reaching out for assistance.

What are NuVasive Precice System devices used for?

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!"

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!

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!”

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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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How Can I Contact a Medical Device Lawyer?

Defective medical devices such as those involved in the NuVasive recalls can cause significant injury to a patient. This is on top of any medical procedure they are already undergoing with the implant, so it can be a frustrating and painful ordeal. A NuVasive lawsuit may involve complex injury laws that require the assistance of an attorney well-versed in such legal concepts.

At Osborne & Francis, we have a proven track record of verdicts and settlements in the area of medical device litigation, including knee replacement implants, hip replacements, and other products. Our results include a $27.6 million verdict in a multi-plaintiff claim for a defective mesh device, as well as a $2 million verdict for a plaintiff injured by a Zimmer hip implant.

Our attorneys are on hand to assist you through your claim; contact us at (561) 293-2600 to set up a free consultation to discuss your legal options moving forward.

Frequently Asked Questions

What are NuVasive Precice System devices used for?

NuVasive Precice System medical devices are typically used for limb-lengthening procedures. They also have other applications, such as shortening, compressing, or transporting segments of patients’ long bones. These are delicate procedures that require reliable medical devices and components free of any defects or corrosion.

Which NuVasive Precice models were recalled?

NuVasive issued a recall for both stainless steel and titanium-based medical devices. Affected models include the stainless steel-based Precice Bone Transport, Precice Plate, and Precice Stryde. Titanium-based recalls were for the models Precice Freedom, Precice Short, Precice Unyte, and Precice Intramedullary Limb Lengthening (IMLL) Device. Get in touch with a lawyer at Osborne & Francis if you are unsure of which model you had or whether it was recalled.

How can a medical device lawyer help me?

NuVasive Precice System lawsuits can be complicated and may require complex medical and legal determinations. An experienced medical device lawyer can help with researching injury laws, reviewing the facts surrounding your case, gathering documents and expert witnesses, formulating a strong legal strategy for trial, and arguing your case in court.

How long do I have to file a NuVasive Precice System lawsuit?

You only have a limited window of time in which to file a lawsuit. The filing deadline is known as the statute of limitation, and is typically 2 years from the date of the injury (though it can vary depending on the circumstances and state laws). Thus, if you’ve been injured by a NuVasive product, contact a lawyer as soon as you can at (561) 293-2600 so you don’t miss your chance at obtaining justice for your losses.