01/19/2011 // West Palm Beach, Florida, US // Sandra Quinlan // News Desk
Roswell, GA—A complaint was filed Thursday, Jan. 13, 2011 against a Georgia company that sold medical equipment to a doctor who had 19 medical malpractice lawsuits pending against him when he declared bankruptcy in June. The complaint, filed on behalf of several former patients, claims Myelotec Inc. sold video-guided catheters to Dr. Lawrence Rothstein, even though the U.S. Food and Drug Administration (FDA) did not approve the equipment for use with a laser, as reported by the Dayton Daily News.
Dr. Rothstein had 19 active medial malpractice cases against him when he declared bankruptcy in June, bringing the cases to a legal standstill.
Before the surgeon went bankrupt, he settled at least three cases and lost two trials. Rothstein was forced to pay a combined $6.1372 million to the two plaintiffs whose cases actually came to trial.
Dr. Rothstein, who claims to have developed AccuraScope, a non-invasive laser spine surgery, practices in Dayton, Ohio and Dallas, Texas. The doctor also founded North American Spine.
The lawsuit seeks compensatory damages “in excess of 750,000” for 19 of Rothstein’s former patients. The suit also asks for punitive damages.
According to information provided, Rothstein’s former patients contended they suffered “nerve damage, pain, weakness, numbness, paralysis and incontinence” after undergoing laser spine surgery.
The complaint claims, “Myelotec representatives were present during many of the spinal surgeries conducted in Ohio and knew or should have known that the company was placing patients at risk by promoting and permitting the alteration of its devices for non-FDA approved surgical use.”
Patients being represented in the complaint petitioned federal courts to order Myelotec to stop selling the medical equipment to Rothstein.
An attorney who filed the complaint in U.S District Court on behalf of the patients maintained, “There have been so many cases, we wish to protect people in the future.”
Neither Dr. Rothstein nor Myelotec could be reached for comment.
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