Patients sue MU Health doctors over BioJoint procedure

1 year 5 months 2 weeks ago Tuesday, March 06 2018 Mar 6, 2018 Tuesday, March 06, 2018 3:35:00 PM CST March 06, 2018 in News
By: Nnamdi Egwuonwu, KOMU 8 Reporter
loading

COLUMBIA - What is hailed as an innovative medical procedure is now the subject of two lawsuits.

The Mizzou BioJoint surgery, an experimental, long-term alternative to a total knee replacement, has resulted in two lawsuits, both filed on Friday. James Stannard, an orthopedic surgeon at MU, and James Cook, a veterinarian, are both being accused of medical negligence.

The lawsuits, which were filed by Kip Robertson of the Bartimus Frickleton Robertson Rader law firm in Kansas City, on behalf of Daniel Draper, an active U.S. soldier at the time of his procedure, and Amanda Reinsch, a former professional boxer and mother of six, alongside her husband Matthew Reinsch.

The BioJoint procedure takes bone tissue and cartilage from a deceased organ donor to treat osteoarthritis in the knee. The surgeon, in this case Stannard and Cook, removes damaged tissue and replaces it with the donated tissue, rather than metal or plastic devices.

The risk with the surgery centers around the preservation of the tissue.

The lawsuit states "once cartilage tissue is harvested from the donor, cartilage cells in that tissue begin to die." As the tissue dies, the lawsuit alleges, it releases bacteria which could contaminate the tissue and increase the likelihood of an infection occurring and graft failure.

Draper’s first and second BioJoint surgery failed, the lawsuit states. As a result of the unsuccessful operation, the lawsuit states, Draper’s "lost the ability to continue or otherwise pursue his career in the United States military,""forever lost the "ability to live independently," and "lost the ability to enjoy life. 

He eventually underwent a full knee replacement from Thomas Alleto at Truman Memorial Veterans’ Hospital.

Reinsch allegedly reported that after the procedure she experienced "10/10 pain to her left knee" and was eventually told by Stannard that she would have to undergo another BioJoint surgery to replace the tissue.

Reinsch then went to another orthopedic surgeon, who found that her knee was infected before suggesting she receive a total knee replacement.

The lawsuit alleges that Reinsch now has "permanent, irreversible damage to her left knee," and like Draper, "forever lost the "ability to live independently," and "lost the ability to enjoy life. 

Kip Johnson, Reinsch and Draper's attorney, declined to provide a statement.
"I can't comment on the case beyond what was contained in the legal filing," he said.

Both lawsuits allege that Stannard acted negligently in failing to provide "sufficient information about Mizzou BioJoint Surgery so that they could make a reasoned and fully informed consent." 

David Tyson Smith is a attorney who specializes in cases involving medical malpractice and negligence. He said, "If a doctor isn't disclosing risks, especially if they're known risks, that's going to be a problem for the doctor and the hospital."

Stannard is also accused of "negligently and carelessly making misrepresentations" about BioJoint to obtain consent and "failing to advise plaintiff[s] that [they were] part of a research study and/or clinical trial for an experimental procedure"

Cook, who while a licensed veterinarian, is not a licensed physician or surgeon, is accused of "negligently and carelessly acting as a surgeon in the Mizzou BioJoint Surgery without proper medical direction or supervision."

Smith said that Cook's involvement in the actual surgery, regardless of the extent, opens the doctor up to liability.

"If someone is performing a surgery but is not trained to do that surgery, that's a big problem," Smith said. "Now if there's someone in the room and they're just giving advice, that's also a problem."

The Curators of the University of Missouri, alongside the two doctors, are also accused of violating merchandising laws. The filing stated "advertisement, promotion and representations regarding Mizzou BioJoint Surgery have been deceptive and misleading to the general public."

KOMU 8 News reached out to the public relations office of MU Health and has not heard back.

More News

Grid
List
JEFFERSON CITY (AP)— Two former state lawmakers have been appointed to the Missouri commission that regulates casinos, fantasy sports... More >>
1 hour ago Saturday, August 24 2019 Aug 24, 2019 Saturday, August 24, 2019 4:35:00 AM CDT August 24, 2019 in News
ST. LOUIS (AP) — St. Louis police and the U.S. Marshals Service have found and taken into custody two people... More >>
10 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 7:22:00 PM CDT August 23, 2019 in News
JEFFERSON CITY - A scare over a recent Facebook threat has a neighborhood rethinking the safety of their children. ... More >>
14 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 3:43:00 PM CDT August 23, 2019 in News
COLUMBIA - Forty-five cats, two birds, and three dogs are currently being housed at the Central Humane Society after a... More >>
14 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 3:36:00 PM CDT August 23, 2019 in News
FULTON – Students at Westminster College are getting some high tech help from the school: free iPads and Apple Pencils.... More >>
15 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 2:48:00 PM CDT August 23, 2019 in News
COLUMBIA- People in Boone and Callaway Counties have been receiving calls from people saying they need to pay money for... More >>
15 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 2:31:00 PM CDT August 23, 2019 in News
COLUMBIA - A tweet with video showing what appears to someone throwing something at a downtown church prompted police to... More >>
15 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 2:18:00 PM CDT August 23, 2019 in News
JEFFERSON CITY- Gov. Mike Parson tweeted about a big campaign announcement on his personal Twitter account Friday. ... More >>
16 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 1:19:00 PM CDT August 23, 2019 in News
JEFFERSON CITY (AP) — Missouri’s top election official is firing back after abortion-rights advocates sued him for allegedly impeding... More >>
19 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 10:47:00 AM CDT August 23, 2019 in News
JEFFERSON CITY - The Cole County Prosecutor's Office added new charges to the case of a man accused of stabbing... More >>
22 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 7:49:00 AM CDT August 23, 2019 in News
COLUMBIA - Animal control officers, helped by Columbia police, removed dozens of animals from a home on August 21. ... More >>
23 hours ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 7:06:00 AM CDT August 23, 2019 in News
COLUMBIA - Pride is coming to Rose Music Hall Saturday. The free event kicks off at 1 p.m. with... More >>
1 day ago Friday, August 23 2019 Aug 23, 2019 Friday, August 23, 2019 4:30:00 AM CDT August 23, 2019 in News
COLUMBIA — The Missouri Department of Health and Senior Services is encouraging at-risk people to get vaccinated for hepatitis A... More >>
1 day ago Thursday, August 22 2019 Aug 22, 2019 Thursday, August 22, 2019 9:20:00 PM CDT August 22, 2019 in News
JEFFERSON CITY - Three months ago today, Jefferson City was hit by a tornado that ran from 54 Highway and... More >>
1 day ago Thursday, August 22 2019 Aug 22, 2019 Thursday, August 22, 2019 6:46:00 PM CDT August 22, 2019 in News
COLUMBIA - An incident at a Columbia Walmart Thursday afternoon that left shoppers fearing an active threat turned out to... More >>
1 day ago Thursday, August 22 2019 Aug 22, 2019 Thursday, August 22, 2019 6:05:00 PM CDT August 22, 2019 in News
COLUMBIA (AP) — Abortion-rights advocates on Thursday sued Missouri's top election official, alleging his actions and state laws denied them... More >>
1 day ago Thursday, August 22 2019 Aug 22, 2019 Thursday, August 22, 2019 4:02:00 PM CDT August 22, 2019 in News
COLUMBIA - MU is offering grief counseling to any student, faculty or staff member after a student died on Wednesday.... More >>
1 day ago Thursday, August 22 2019 Aug 22, 2019 Thursday, August 22, 2019 3:31:00 PM CDT August 22, 2019 in News
COLUMBIA - Missouri and several other states across the country are combating a shortage of veterinarians who are qualified to... More >>
1 day ago Thursday, August 22 2019 Aug 22, 2019 Thursday, August 22, 2019 2:30:00 PM CDT August 22, 2019 in News
Columbia, MO
Broken Clouds 63°
7am 62°
8am 65°
9am 68°
10am 71°