PITTSBURGH – A Western Pennsylvania woman claims that a metallic surgical screw manufactured by a Michigan company and implanted in her lumbar vertebrae during spinal fusion surgery, has fractured and cannot safely be removed.
Donna Mae Dolby and Eric Dolby of Lower Burrell filed suit in the Allegheny County Court of Common Pleas on May 8 versus Stryker Corporation of Portage, Mich., plus Allegheny Health Network (doing business as “Allegheny Valley Hospital”) and Greater Pittsburgh Orthopaedic Associates, Inc., both of Pittsburgh.
“In 2010, Donna Dolby was under the care of Greater Pittsburgh Orthopaedic Associates for lower back pain. Defendant GPOA determined that plaintiff required lumbar fusion surgery at L4-L5 and performed the same on Sept. 15, 2010, at operating facilities located within the Allegheny Valley Hospital. The surgery was successful and the fusion at L4-5 became intact. Defendant GPOA installed surgical screws into Ms. Dolby’s L5 vertebrae during this procedure,” the suit says.
“The surgical screws installed were designed, manufactured and distributed by defendant Stryker Corporation. Unfortunately, in or around 2016, Donna Dolby began to experience spinal instability and pain at higher levels in her spine. As such, on March 2, 2016, GPOA performed a bilateral lumbar laminectomy, L2-L3 with postereolateral mass fusion of L2-L4 with Z instrumentation L2-L4 with metal removal L4-5. While some instrumentation was removed from L4-5, other instrumentation remained or was placed into Ms. Dolby’s L5 vertebrae. This second procedure was likewise performed at operating facilities maintained at the Allegheny Valley Hospital.”
The suit adds “the instrumentation installed during this second procedure likewise included surgical screws that were designed, manufactured and distributed by defendant Stryker Corporation.
“This surgery was successful. Ms. Dolby’s radiculopathy was relieved greatly, but not completely eliminated following this procedure. In early May of 2022, Ms. Dolby experienced a sharp increase in her lower back pain and symptoms. On May 12, 2022, Ms. Dolby received a lumbar X-Ray which revealed that one of the pedicle screws located in her L5 vertebrae had broken in half. Plaintiff believes and therefore avers that this fractured pedicle screw is the cause of her increased lower back symptoms. Plaintiff sought additional medical care in an effort to remove the broken screw. Unfortunately, plaintiff was informed that it would be impossible to remove the broken screw without causing extensive and life-lasting damage to her lumbar spine,” the suit states.
“As a direct and proximate result of the same, plaintiff will spend the remainder of her life with increased disability. As a direct and proximate result of the same, plaintiff will endure intense pain and suffering for the remainder of her life. As a direct and proximate result of the same, plaintiff has incurred and will continue to incur medical expenses for which claim is made. As a direct and proximate result of the same, plaintiff Eric Dolby has lost the care and support of his spouse, Donna Mae Dolby.”
For counts of strict liability, breach of warranty and negligence, the plaintiffs are seeking judgment in their favor and against the defendants in excess of $50,000, exclusive of interest and costs.
The plaintiffs are represented by David M. Kobylinski and Peter T. Kobylinski of Praetorian Law Group, in Pittsburgh.
The defendants have not yet retained legal counsel.
Allegheny County Court of Common Pleas case GD-24-005226
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com