May 1996 AAOS Report

Motions to dismiss associations filed in pedicle screw case

A motion has been filed on behalf of four medical associations to dismiss all allegations against them, including "illegal marketing" and of being "promotional centers" in the pedicle screw multi-district litigation being heard by Judge Louis C. Bechtle of the U.S. District Court for the Eastern District of Pennsylvania. The associations are the Academy, North American Spine Society, American Association of Neurological Surgeons, and the Congress of Neurological Surgeons. In addition, counsel for the Scoliosis Research Society has filed a separate motion for dismissal.

The medical associations' motion states the plaintiffs' allegations are barred by the freedom of speech clauses of the First and 14th Amendments in the Constitution. The motion urges the court to dismiss complaints against the medical associations alleging fraud in the marketplace, conspiracy, aiding and abetting, concerted action and enterprise liability because the complaints fail to state a claim upon which relief can be granted. Judge Bechtle is expected to hear oral arguments on the motion in late May or early June.


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