Heyl Royster

 

News

Mark Hansen & Emily Galligan Write Article Addressing the Case of the Myxo Ring Mix-up

12/22/2020

Mark Hansen and Emily (Perkins) Galligan recently co-authored an article that appeared in the IADC’s Medical Defense and Health Law Committee Newsletter. In "Illinois Appellate Court Dismisses Battery Claim Arising From Use of New Medical Device," Mark and Emily examine the outcome of a case where an inventor physician utilized the newest version of a mechanical device used to repair the patient’s mitral valve. Known as a Myxo ring for the condition it treated, myxomatous valve disease, the newly invented ring more efficiently and effectively addressed the condition than the existing rings. When the patient discovered that the Myxo ring used was not yet approved by the FDA, she sued the physician, the hospital, and the company that manufactured the device claiming Medical Battery and lack of informed consent. Although the courts ultimately dismissed or found against all claims, the takeaway remains – to exercise caution in using newly developed medical devices, and to the extent possible, obtain proper patient consent prior to procedure.