On (b)(6) 2008, pt underwent 3-level plif involving three large infuse bone graft kits (pma 000058) used in combination with three capstone spacers (k073291).The combination of products was non-fda approved, the capstone spacers were not fda-cleared until april 24, 2008.Therefore there was no 510(k) clearance in effect when the capstone interbody cages were implanted into the pt.There was no investigational device exemption on (ide), no institutional review board (irb) approval and pt was not informed that the capstone device was non-fda approved or cleared.Pt developed bmp-induced bony overgrowth that escaped from the capstone devices, leading to compression of surrounding neurological structures, rendering the pt fully disabled.
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