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Published on: 4/29/2008
Last Visited: 5/17/2008
Judge T.J. Markow awarded damages of $650,000 against Hallett H. Mathews, M.D., and Midatlantic Spine Specialists, P.C.
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Dr. Mathews is a prominent spine surgeon who now works as a vice president for Medtronic, the manufacturer of the Maverick(TM) Artificial Disc.
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Dr. Garver traveled to Richmond in April 2005 to undergo surgery by Dr. Mathews, who installed a Maverick at the L5-S1 level of Dr. Garver's spine.
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In the Garver surgery, Dr. Mathews, while inserting the artificial disc, drove material from the disc space into the patient's S-1 nerve root on his right side.This caused permanent injury to the nerve with pain and difficulty using the right leg.
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At the time of the surgery, Dr. Mathews was a surgeon in private practice who ran one of 32 sites in the United States at which the Maverick device was inserted into selected patients, and who also was the principal U.S. investigator for the manufacturer's application to the Food and Drug Administration.The device is still considered experimental while the Medtronic application to the FDA is pending.
According to testimony at trial, Dr. Mathews received consulting fees from Medtronic of around $700,000 in 2004 and 2005, although he was not paid anything for the clinical trial itself.Dr. Mathews testified that he gave up his surgical practice at the end of 2006 to work full-time for Medtronic.His current position is Vice President Medical Affairs for Medtronic Spine and Biologics' division in Memphis, TN.Mathews is a former member of the board of directors of the North American Spine Society, a group of surgeons who specialize in spine surgery.