Patients shocked, burned by device touted to treat pain
It wouldn't fix the nerve damage in his mangled right arm, Taft and his wife recalled the doctor saying, but a spinal-cord stimulator would cloak his pain, making him "good as new."
Taft's stimulator failed soon after it was surgically implanted. After an operation to repair it, he said, the device shocked him so many times that he couldn't sleep and even fell down a flight of stairs. Today, the 45-year-old Taft is virtually paralyzed, a prisoner in his own bed, barely able to get to the bathroom by himself.
"I thought I would have a wonderful life," Taft said. "But look at me."
For years, medical device companies and doctors have touted spinal-cord stimulators as a panacea for millions of patients suffering from a wide range of pain disorders, making them one of the fastest-growing products in the
But the stimulators — devices that use electrical currents to block pain signals before they reach the brain — are more dangerous than many patients know, an
Patients report that they have been shocked or burned or have suffered spinal-cord nerve damage ranging from muscle weakness to paraplegia, FDA data shows. Among the 4,000 types of devices tracked by the FDA, only metal hip replacements and insulin pumps have logged more injury reports.
The FDA data contains more than 500 reports of people with spinal-cord stimulators who died, but details are scant, making it difficult to determine if the deaths were related to the stimulator or implant surgery.
Medical device manufacturers insist spinal-cord stimulators are safe — some 60,000 are implanted annually — and doctors who specialize in these surgeries say they have helped reduce pain for many of their patients.
Most of these devices have been approved by the FDA with little clinical testing, however, and the agency's data shows that spinal-cord stimulators have a disproportionately higher number of injuries compared to hip implants, which are far more plentiful.
The AP reported on spinal stimulators as part of a nearly yearlong joint investigation of the global medical devices industry that included
The media partners found that, across all types of medical devices, more than 1.7 million injuries and nearly 83,000 deaths were reported to the FDA over the last decade.
The investigation also found that the FDA — considered by other countries to be the gold standard in medical device oversight — puts people at risk by pushing devices through an abbreviated approval process, then responds slowly when it comes to forcing companies to correct sometimes life-threatening products.
Devices are rarely pulled from the market, even when major problems emerge. And the FDA does not disclose how many devices are implanted in the
The FDA acknowledges its data has limitations, including mistakes, omissions and under-reporting that can make it difficult to determine whether a device directly caused an injury or death. But it rejects any suggestion of failed oversight.
"There are over 190,000 different devices on the U.S. market. We approve or clear about a dozen new or modified devices every single business day," Dr.
In response to reporters' questions, the FDA said last week that it was taking new action to create "a more robust medical device safety net for patients through better data." ''Unfortunately, the FDA cannot always know the full extent of the benefits and risks of a device before it reaches the market," the agency said. In the last 50 years, the medical device industry has revolutionized treatment for some of the deadliest scourges of modern medicine, introducing devices to treat or diagnose heart disease, cancer and diabetes.
"This is the greatest thing that saved my life, literally saved my life," said Corby, estimating that up to three-quarters of his original pain was alleviated by the stimulator.
Medical device companies have "invested countless resources — both capital and human — in developing leading-edge compliance programs," said
At the same time, medical device makers also have spent billions to try to influence regulators, hospitals and doctors.
In the
On top of that, lobbying records show that the top four spinal-cord stimulator manufacturers have spent more than
Some companies have been fined for bribing physicians, illegally promoting products for unapproved uses and paying for studies that proclaim the safety and effectiveness of their products, according to the joint investigation.
In a 2016 case,
In a case the previous year involving spinal-cord stimulators,
Some doctors enthusiastically promote spinal-cord stimulators without disclosing to patients they've received money from medical device manufacturers. Some experts say doctors are not legally required to disclose such payments, but they have an ethical obligation to do so. Sometimes the money goes to the doctors' hospitals, and not directly to them.
As for Taft, he said he just wanted to get better, but he has lost hope.
"This is my death sentence," Taft said, stretched out beneath his bed's wooden headboard on which he's carved the words "death row."
"I'll die here," he said.
A generation ago, tens of thousands of women were injured by the Dalkon Shield, an intrauterine device that caused life-threatening infections. Consumer advocates demanded testing and pre-market approval of medical devices to prevent deaths and injuries associated with defective products.
So in 1976,
"Until today, the American consumer could not be sure that a medical device used by his physician, his hospital or himself was as safe and effective as it could or should be," President
Charged with carrying out the law, the FDA created three classes of medical devices. High-risk products like spinal-cord stimulators are designated to be held to the most rigorous clinical testing standards. But the vast majority of devices go through a less stringent review process that provides an easy path to market for devices deemed "substantially equivalent" to products already approved for use.
As designed by
The AP found that the FDA has allowed some spinal-cord stimulators to reach the market without new clinical studies, approving them largely based on results from studies of earlier spinal stimulators.
Spinal stimulators are complex devices that send electrical currents through wires placed along the spine, using a battery implanted under the skin. An external remote controls the device.
The four biggest makers of spinal-cord stimulators are
St. Jude's application to go to market with its first spinal stimulator contained no original patient data and was based on clinical results from other studies, while
Once approved, medical device companies can use countless supplementary requests to alter their products, even when the changes are substantial.
For example, there have been only six new spinal-cord stimulator devices approved since 1984, with 835 supplemental changes to those devices given the go-ahead through the middle of this year, the AP found. Medtronic alone has been granted 394 supplemental changes to its stimulator since 1984, covering everything from altering the sterilization process to updating the design.
"It's kind of the story of
Medical device manufacturers have cited multiple industry-funded studies showing the effectiveness of spinal-cord stimulation in the treatment of chronic pain. Experts say treatment is considered successful if pain is reduced by at least half, but not every patient experiences that much pain reduction.
A 2016 study looking at different stimulation systems found "significant evidence" that they were "a safe, clinical and cost-effective treatment for many chronic pain conditions."
But Zuckerman noted that the more extensive studies came after the devices were being widely used on people.
"These patients are guinea pigs," she said.
FDA said in a statement that it approves, clears or grants marketing authorization to an average of 12 devices per business day and its decisions are "based on valid scientific evidence" that the devices are safe and effective.
Dr.
"I don't know of anyone who is happy with spinal-cord technology as it stands," Koroshetz said. "I think everybody thinks it can be better."
Every time
Inside the exam room, Taft said, his doctor told him the device had been successful for his other patients and would improve his quality of life.
On lifetime worker's compensation after his right arm was crushed as he was hauling materials for an architectural engineering company, Taft had been seeing the doctor for five years before he decided to get a stimulator in 2014. What finally swayed him, he said, was the doctor's plan to wean him off painkillers.
"I felt backed into a corner," said, Taft, who lives in
Taft said his pain management doctor praised the technology, saying stimulators had improved the quality of life for his patients. But four years later, Taft is unable to walk more than a few steps.
Taft is one of 40 patients interviewed by the AP who said they had problems with spinal-cord stimulators. The AP found them through online forums for people with medical devices. Twenty-eight of them said their spinal-cord stimulators not only failed to alleviate pain but left them worse off than before their surgeries.
Zuckerman, who has worked at the
"But there's a tremendous financial incentive to downplay, ignore or forget bad patient experiences and just focus on how happy patients are," she said.
More than half the patients interviewed by the AP said they felt pressured to get stimulators because they feared their doctors would cut off their pain medications — the only thing helping them.
Stimulators are considered a treatment of "last resort" by insurance companies, as well as Medicare and Medicaid. That means doctors must follow a protocol before insurance will pay for the device and implantation.
Physicians must show that conservative treatments failed to help, and patients also undergo psychological assessments to evaluate the likelihood of success. They then typically undergo a trial period lasting three days to a week with thin electrodes inserted under the skin. If patients say they got relief from the external transmitter sending electrical pulses to the contacts near their spines, they have surgery to implant a permanent stimulator.
Taft said his three-day trial helped reduce his pain so, a few days before his surgery, he began preparing for a new life. He ordered lumber to refurbish a patio and deck for his wife, Renee, as thanks for her years of support.
In
Highsmith would not comment on the payments. Other doctors have defended the practice, saying they do important work that helps the companies — and ultimately patients — and deserve to be compensated for their time.
From the time Taft was cut open and the device placed inside his body, he had nothing but problems, according to hundreds of pages of medical records reviewed by the AP. The device began randomly shocking him, and the battery burned his skin.
Taft and his wife complained repeatedly, but said his doctors and a
That runs counter to
That also is not reflected in the AP's analysis of FDA injury reports, which found shocking and burning had been reported for all major models of spinal-cord stimulators. For
In response to questions, the company called infection "unfortunately a risk in any surgical procedure" that the company works hard to avoid. It added that the
"In our internal quality assessments, over 95 percent of the injury reports were temporary or reversible in nature," the company added.
Taft said had he known the devices hurt so many people, he would have reconsidered getting one. A
"I told them that it feels like the lead is moving up and down my spine," Taft said. "They said, 'It can't move.'" But in
Highsmith told the AP the electrode broke from "vigorous activity," though Taft said that would not have been possible due to his condition. Taft said he was in such bad shape after his surgery that he was never able to redo the patio and deck for his wife or do anything else vigorous.
That October, Highsmith said, he operated on Taft to install a new lead, tested the battery and reinserted it.
Still, Taft's medical records show that he continued to report numbness, tingling and pain. During a
The stimulator was surgically removed in
Highsmith said other doctors have documented severe arthritis in Taft and that, while he has not examined Taft in more than three years, it's "likely his current condition is the result of disease progression and other factors."
He did not answer questions about whether he informed Taft of the risks associated with stimulators.
The doctor said the overwhelming majority of his spinal-cord stimulator patients gain significant pain relief.
"Unfortunately, in spite of the major medical breakthroughs with devices like these, some patients still suffer from intractable pain," he said.
In the letter from the company's legal department,
In response to questions from the AP,
In 2015, his pain management doctor urged him to try
Within weeks of his surgery, Davis said, he started feeling pain shooting down his back and legs and a burning sensation at the implant site. After his skin started turning black, the doctor performed emergency surgery to remove the device.
Months later, Davis reluctantly agreed when his doctor urged him to try another
Over the next year, he spent more than 100 days in and out of hospitals battling a life-threatening infection. Today, Davis says he has trouble getting out of bed.
Simpson-Davis said she spoke with attorneys around the country, who warned her about the high bar set for a lawsuit . Finally, she found a
"To me, it's not about the money, It's about the people. It's about them knowing what they're getting themselves into," she said.
For years,
They said a new kind of stimulator — one that targeted a bundle of sensory nerve cells in the lower back — was better than a spinal-cord device. She just needed to undergo a weeklong trial.
When McJunkin showed up at the pain clinic this January for the trial, the
Over the next week, they called or texted her nearly every day to see if the stimulator was easing her torment. And since the trial did seem to help, she went ahead with the implant.
Within days, though, the device began randomly shocking her — a sharp pain that felt like a lightning bolt.
When McJunkin called her doctor and the
Since 2005, there have been 50 recalls involving spinal stimulators, averaging about four per year in the last five years. Roughly half the recalls involved stimulators made by Medtronic, the world's largest device manufacturer, though none warned of a risk of serious injury or death.
In early September, McJunkin invited an AP reporter to accompany her when she met with her doctor and the company sales representative to request the device be removed.
The
"I'm not trying to force your mind," the doctor said. "But for me, would I want to live my life like this?... If I get that new battery and it totally helps, that changes my life 180 degrees, right? But if I don't I already know what's going to happen to me: I'll be suffering for the rest of my life."
On the drive home to
"You trust your doctor. You think he's going to do the right thing," she said. She paused, fighting back tears. "I just wanted to live without pain. But now that hope is gone."
In late October, her doctor removed the device.
The experience of nearly all the 40 patients interviewed by the AP mirrored McJunkin's: Their pain was reduced during the trial but returned once their stimulators were implanted.
Experts say the answer may be a placebo effect created when expectations are built up during the trial that only the stimulator can offer relief from pain, exacerbated by patients not wanting to disappoint family members, who often have been serving as their caregivers.
"If patients know this is a last resort, a last hope, of course they will respond well," said Dr.
By the time the trial ends, the patient is "flying high, the endorphin levels are high," Gofeld said.
Manufacturer representatives are heavily involved during the entire process. Along with often being in the operating room during surgery in case the physician has questions, they meet with patients to program the devices in the weeks following surgery.
Most of the patients interviewed by the AP said the adjustments to their devices were performed by sales representatives, often with no doctor or nurse present. That includes one patient who was billed for programming as if the doctor was in the room, though he was not.
"People who are selling the device should not be in charge of maintenance," Gofeld said. "It's totally unethical."
In a 2015 Texas case, a former Medtronic sales representative filed suit contending she was fired after complaining that the company trained employees to program neurostimulators without physicians present. She also claimed that a Medtronic supervisor snatched surgical gloves away from her when she refused to bandage a patient during a procedure, pushed her aside and then cleaned and dressed the patient's wound. Medtronic denied the allegations, and the case was settled on undisclosed terms.
In the
"While there have been a few instances where individuals or affiliates did not comply with Medtronic's policies, we acted to remedy the situation in each case once discovered and to correct any misconduct," the company said.
Gofeld said he believes stimulators do work, but that many of the problems usually arise when doctors don't choose appropriate candidates. And he thinks the stimulators are used too often in the
It's a lucrative business . Analysts say stimulators and the surgery to implant them costs between
The AP found that doctors can make more money if they perform the surgery at physician-owned outpatient surgery centers, since the doctor buys the device, marks it up and adds on the facility fee.
In
"By then," he said, "it's too late."
While manufacturers and top FDA officials tout stimulators as a weapon in the battle against opioids, neurosurgeons like
"Chronic pain is one of the largest health-care burdens we have in the
He referred AP to Corby, as one of his surgical patients who was helped by a spinal-cord stimulator.
Corby got the device more than two years ago and says that, after some initial adjustments, he hasn't had any further problems. He says he wouldn't trade the stimulator for opioids.
"I was actually buying them on the street ... a little like a druggie because I couldn't get them anymore" from his pain doctor, Corby said.
Falowski said opioids are good for acute pain, but were never meant to treat long-term chronic pain. For him, that's where spinal-cord stimulators come in.
If they're used early enough for pain, they can prevent people from going on opium-based pain killers, said Falowski, who speaks at neuromodulation conferences and teaches other doctors how to implant stimulators.
Since 2013, device manufacturers have paid Falowski — or St. Luke's
Falowski said he has conducted research and done other work for manufacturers, adding, "The contracts with industry are with my hospital and not with me."
Another of Falowski's patients was
"Not everybody could do it, but he was confident he could," she said.
After her fourth implant this March, "I complained about this battery right away. I knew it was positioned funny. It burned," Snyder said.
AP's analysis showed
Snyder said she felt like Falowski's nurse and physician assistant downplayed the problems and that the reprogramming of her device was conducted by the
Despite insisting nothing was wrong with the unit, Snyder said, Falowski called her one day out of the blue. "He said 'Under no circumstances are you to turn it on.' I asked him why and he wouldn't say," Snyder recalled.
Falowski then scheduled immediate surgery to remove the stimulator, she said.
Falowski called Snyder a difficult patient and said she was receiving "100 percent pain relief" when she had the stimulator removed, adding that she "remained very appreciative of her care." He added that programming is "performed under the direction of a physician."
"The physician is not present during the entire programming session, but provides oversight and direction....The only time programming sessions are billed is when the physician is actively seeing the patient during a visit which was the case with this patient," he said.
Snyder disputed the doctor's characterization of her and became angry after being told Falowski and his hospital received money from manufacturers.
"They need to be a little bit upfront," she said.
Falowski said doctors do important work for medical device companies, and he has been involved in device development, education, clinical trials and research.
"You're trying to help patients and you realize as a physician by yourself you're not going to generate
Experts interviewed by the AP said doctors are not legally required to tell their patients about financial relationships with medical device manufacturers, but that it would be the right thing to do.
"The patient should be fully informed before consenting to a procedure," said
All Snyder ever wanted was to feel better. Today, she often is immobilized by pain.
Before the latest stimulator, she could walk, stand and cook meals. Now, she finds it hard to get out of bed and rarely leaves her house. She says the device has ruined her life.
"My fear is I'll be like this forever," she said.
Contact AP's investigative team at [email protected]
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