Human Tissue Statute Applies to FiberCel Bone Matrix, Ohio Judge Rules

LOS ANGELES — An Ohio federal judge has dismissed claims for strict products liability and breach of warranty in an action in which a man tested positive for tuberculosis after being implanted with the bone grafting product FiberCel, ruling that the state’s blood and tissue shield statute bars the claims.

On Oct. 15, Judge Michael R. Barrett of the U.S. District Court for the Southern District of Ohio ruled that the FiberCel Fiber Viable Bone Matrix falls within the statute’s ambit because it is processed human tissue.

Levi Pierson underwent lumbar spine surgery on April 2, 2021, during which his …