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Patient underwent anterior cervical corpectomy and fusion (accf) at (b)(6) on (b)(6) 2014.The accf was performed by clinical investigators drs.(b)(6) utilizing the bengal stackable lordotic cage (depuy-synthes) in standard 12 x 14 footprint and 22mm height.The bengal stackable cage was filled with grafton (medtronic) and locally harvested autograft.A dural tear occured requiring repair.Review of the bengal stackable 510(k) summary shows that the device was not approved or cleared for any intended use in the cervical spine of the neck and explicitly cleared for use in levels below the cervical spine, yet the cage dimensions and lordotic profile are only suitable for use in the cervical spine.According to the sponsor's website, "the bengal stackable cage system is indicated for use in the cervical or thoracolumbar spine (i.E., c2 to l5) to replace a diseased vertebral body resected or excised for the treatment of tumors." [https://emea.Depuysynthes.Com/binary/org/dpy_syn_emea/ifu_documents/eifu-overview/elfu-0902-90-311reva.Pdf].Fda has not approved or cleared use of the device in the cervical spine and therefore the labeling is misleading, false and omits material safety information.No patient consent or disclosure that use of the device was not approved or cleared by fda for use in the cervical spine.No disclosure that use of the device in the cervical spine presents risks to anatomic structures unique to the neck.
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