The Blaming of the Screw: A Cautionary Tale of Innovation, Regulation, and Mass Tort in Spine Surgery

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Authors: Daniel I. Wolfson, Harel Deutsch, Christopher J. DeWald, Ricardo B. V. Fontes, John E. O'Toole, Vincent C. Traynelis, Richard G. Fessler
Cited by: 0
References: 16

Abstract

The 1990s pedicle screw litigation saga was a pivotal clash between medical innovation, regulatory oversight, and legal accountability. The controversy arose from the widespread use of pedicle screws, which became a standard practice despite lacking explicit Food and Drug Administration approval for spinal applications. This regulatory ambiguity was ignited by a 1993 ABC 20/20 segment that triggered an avalanche of mass tort litigation. This article dissects the landmark legal battle, analyzing the Food and Drug Administration's slow reclassification and the contrasting strategies of key industry players, AcroMed and Sofamor Danek. We evaluate the lasting impact on legal precedents, clinical practice around off-label use, and the regulatory pathways for new devices. This history offers a cautionary tale on the tension between legal accountability and innovation, with enduring relevance for today's debates on medical regulation and patient rights.

Fields of Study & Subjects

Medical Malpractice and Liability Issues Healthcare Regulation Spinal Fractures and Fixation Techniques

Publication details

Journal / source
Neurosurgery
Volume
99
Issue
5
Pages
1231–1242
Publication date
26 February 2026
Language
EN