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Patient Says Doc Used Unapproved Product

ST. LOUIS (CN) - A Washington University doctor used an unapproved product on a patient during back surgery, causing nerve damage, the patient claims in City Court.

John Lane says Dr. Timothy Kuklo used rhBMP, which promotes bone growth, on his spine though it was not approved for that use by the Food and Drug Administration.

Lane claims he suffered nerve and spinal cord damage from the surgery.

Lane claims defendants Washington University, Dr. Kuklo and Ruth Piazza, a nurse, gave him misleading information about the successes and advantages of the surgery. He claims they failed to tell him about the dangers of the surgery, failed to offer an alternative treatment, failed to thoroughly evaluate his condition before surgery, performed unnecessary surgery, used unapproved medical products during the surgery, failed to obtain proper consent and failed to properly treat him after the surgery.

Lane seeks actual and punitive damages. He is represented by Timothy Gallagher with Heller, Gallagher & Finley.

Under USDA rules, physicians are allowed to prescribe drugs for so-called off-label uses - uses for which the drugs have not been approved - but drug companies are not allowed to promote drugs for off-label uses.

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