Patients sue MU Health doctors over BioJoint procedure

9 months 1 week 4 days 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 - SSM Health and MU Health Care will host the last of three scheduled public forums Monday night... More >>
2 hours ago Monday, December 17 2018 Dec 17, 2018 Monday, December 17, 2018 3:10:00 AM CST December 17, 2018 in News
SPRINGFIELD (AP) — A 57-year-old southwestern Missouri man has pleaded guilty in federal court to a $2.4 million wire fraud... More >>
8 hours ago Sunday, December 16 2018 Dec 16, 2018 Sunday, December 16, 2018 9:48:54 PM CST December 16, 2018 in News
COLUMBIA - The University of Missouri sent out an MU Alert just before 6 p.m. Sunday to warn people about... More >>
11 hours ago Sunday, December 16 2018 Dec 16, 2018 Sunday, December 16, 2018 6:45:00 PM CST December 16, 2018 in News
COLUMBIA- From model trains to decorated window panes, there was fun for all ages at the Boone County History and... More >>
11 hours ago Sunday, December 16 2018 Dec 16, 2018 Sunday, December 16, 2018 6:12:00 PM CST December 16, 2018 in News
COLUMBIA – After a life-threatening accident 17 years ago, a Columbia man is proving you never have to give up... More >>
17 hours ago Sunday, December 16 2018 Dec 16, 2018 Sunday, December 16, 2018 12:46:00 PM CST December 16, 2018 in Sports
COLUMBIA - A University of Missouri assistant football coach was arrested Saturday on a warrant from Miller County after failing... More >>
19 hours ago Sunday, December 16 2018 Dec 16, 2018 Sunday, December 16, 2018 10:12:00 AM CST December 16, 2018 in Sports
FULTON - Two people were arrested on various drug charges Sunday morning. According to a release, Police stopped a... More >>
22 hours ago Sunday, December 16 2018 Dec 16, 2018 Sunday, December 16, 2018 7:08:00 AM CST December 16, 2018 in News
COLUMBIA - The Missouri Symphony will play holiday music Sunday for the Symphony of Toys concert. Students in the Missouri... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 9:45:00 PM CST December 15, 2018 in News
COLUMBIA - People gathered at Hickman High School on Saturday to celebrate holidays from several cultures. KOPN Community Radio... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 9:10:00 PM CST December 15, 2018 in News
COLUMBIA - Columbia College had a special moment during the graduation ceremony Saturday to honor a student who died in... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 8:15:00 PM CST December 15, 2018 in News
JEFFERSON CITY - The Jefferson City Diocese confirmed Saturday three people were added to its list of clergy accused of... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 7:31:00 PM CST December 15, 2018 in News
COLUMBIA - Columbia Police made an arrest in connection to Saturday afternoon's shooting in the 3800 block of Aspen Heights... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 4:40:00 PM CST December 15, 2018 in News
JEFFERSON CITY, Mo. (AP) — The Missouri State Capitol has recently completed an effort to restore and conserve the building's... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 3:26:00 PM CST December 15, 2018 in News
BOONVILLE - Anyone walking around Boonville might be able to play a game of "I spy" now that painted rocks... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 10:50:00 AM CST December 15, 2018 in News
COLUMBIA- High school football teams from around the state will travel to Memorial Stadium for the next five years to... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 9:41:00 AM CST December 15, 2018 in Sports
WASHINGTON (AP) — President Donald Trump says Interior Secretary Ryan Zinke , who's facing federal investigations into his travel, political... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 8:53:00 AM CST December 15, 2018 in News
ASHLAND - The Southern Boone Area YMCA will build a new 15,714 square-foot facility in the next two years, if... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 7:48:00 AM CST December 15, 2018 in News
ALTON, Ill. (AP) — Authorities are looking for a man who is suspected of fleeing to Missouri after officers shot... More >>
1 day ago Saturday, December 15 2018 Dec 15, 2018 Saturday, December 15, 2018 7:12:00 AM CST December 15, 2018 in News
Columbia, MO
Broken Clouds 31°
6am 28°
7am 28°
8am 29°
9am 34°