Wednesday, March 3, 2010

Spine Blogger Alert

On March 3rd, 2010 TSB received a request from Amedica's legal counsel that we remove a comment by one of our readers that counsel claims is "patently false, misleading and defamatory," regarding the company's cages. This comment was made on our blog post on "PEEK Wars." In the spirit of our blog, we caution our readers not to make any inflammatory statements regarding the performance of this company's products unless it can be publicly substantiated.
Once again, thank you for your cooperation.


  1. MM,

    Are you kidding me? "caution our readers not to make any inflammatory statements regarding the performance of this company's products"

    Now it's time for you to ask people to play nice? I think I'll have the legal department of my company contact you so all the posts can be taken down regarding the bashing of my companies products.

  2. So here's my question to our readers, should I left the comment or should have I pulled it?


    What happened to freedom of speech? What is a blog about if not to have open discussion about products, ideas, and yes, even companies? Seriously, there have been companies bashed all over this board, but nothing was ever done because these other companies are not cry babies like AMEDICA and their "legal" team.

  4. 1st ammendment. That company is that for inflammatory?

  5. welcome to cafe pharma everyone

  6. This reminds me of the TSB blog.

    Researcher: The average radio listener listens for eighteen minutes. The average Howard Stern fan listens for - are you ready for this? - an hour and twenty minutes.
    Pig Vomit: How can that be?
    Researcher: Answer most commonly given? "I want to see what he'll say next."
    Pig Vomit: Okay, fine. But what about the people who hate Stern?
    Researcher: Good point. The average Stern hater listens for two and a half hours a day.
    Pig Vomit: But... if they hate him, why do they listen?
    Researcher: Most common answer? "I want to see what he'll say next."

    In closing, Brooksley Born was also never commended for her fight on U.S. citizens best interest and look what happend.

  7. Backing down with a threat from an attorney of some 3rd or 4th rate implant company. What's up with you lately? This is turning into cafepharma.

  8. TSB attempts to monitor all readers comments, based on some of the past deletions by the blog administrator. If someone makes a blatant accusation about a product's mechanical failure "in vivo" without being able to substantiate that failure, we are left with no other recourse but to honor that request. That is much different than making a comment on industry related activities that are very much in the public domain. The same way that someone blatantly accused a Stryker rep of criminal misgivings, TSB felt that this was not the forum to air someone's personal life, unless there is public record. Like most of our readers I believe in our first amendment right to freedom of speech and will continue to honor that right for each individual.

  9. TSB,

    Damned if you do, damned if you dont. You know this.

  10. YOU SHOULD HAVE LEFT IT UP!!! Have you no SPINE?!?!? Lawyers are famous for throwing around worthless jargon in an attempt to try to intimidate people even when their bizarre claims have no legal basis or merit.

    In regards to the company that went crying to their lawyer, I can't believe they wouldn't just man up and argue the point on the blog. To me that speaks volumes about their management.

  11. AMEDICA clearly wins my vote for the biggest crybaby award at NASS. Waaaaaahhhhh

  12. Frustrated with everyoneMarch 4, 2010 at 8:46 AM

    Man up and argue the point on the blog??? That works great, just ask Dan Grayson. He tried to argue his point and the whole world jumped down his throat.

    The biggest issue that I have with this blog is that because everyone can write anonymously they go straight to personal digs. Its really an unfortunate turn to a great avenue to have industry conversation. Why can't everyone just act like adults and only post constructive information??

  13. He tried to argue his point by calling anonymous posters out and saying they have no "B&%LS". The beauty of this blog was that although discussions sometimes got heated, most people were able maintain a certain level of professionalism. Writing "B&%LS" and telling people that he'll "Take them on, bring it anytime" has turned so many readers into evolutionary throwbacks which is a shame because it's downgraded the quality of this blog.

  14. Contrary to what some believe, the quality of this blog has not gone down, the quality of the comments has gone south. Of course if you intend on defending a company, just acknowledge that you work for it. IMHO the commentators are attempting to turn this into Cafe Pharma, not TSB. So what if someone stated that company X's cages were breaking, if someone can produce the x-rays would this company be happier? You know what they say, Damned if you do, damned if you don't. If you want vanilla ice cream and strawberries go read OSN, OTW or Johnny's World.

  15. Help me I'm falling and I can't get up!

  16. All they are doing with threatening TSB is calling more attention to the issue. I didn't think twice about the comment the first time I read it. Now, I am more aware of the increased level of concern they have over the issue.

    The purpose of an open forum it to discuss things freely. If they felt the comment was incorrect or unfair, they should have explained so within the forum rather than calling their lawyer.

  17. here

  18. Maybe they're just trying to sweep it under the rug. How many times have we heard of hardware failure where the surgeon was a consultant or investor and never filed an MDR for product failure? It does happen. This company handled this poorly having some lawyer strong-arm TSB.
    But what do you expect from a second-rate operation. Great way to spend your money chasing TSB. Ha, Ha, Shame on you. Keep up the good work TSB.

  19. MM

    It would be an interesting social experiment if you removed the ability to post anonymously.

  20. The problem I have with this blog is that it has no credibility at all, with many of the individuals that post comments always posting anonymously. In my opinion, the principals that orchestrate this culmination of nothing more than gossip are the persons feeding the fire. The word hearsay comes to mind when reading 90% of the comments contained in the various blogs. If one cannot substantiate what they allege, then their comments are nothing more than hearsay. In other words, they hold no credibility at all.

    Of course, the Spineblogger states many times that everyone should attain a moniker. So, I guess the attainment of a photo or symbol now makes things credible?

    Most of the blogs are outright slanderous and present an excellent foudation for libel. Libel is a false and malicious published statement that damages somebody's reputation. Libel can include pictures and any other representations that have public or permanent form. This blog site definitely meets the criteria for legal action to be taken.

    The Spineblogger states that he is "a tenured industry professional that has worked with Private Equity and Venture Capital and that he has "an extensive background in spine and general orthopedics". If so, then why doesn't he come forward and state who he really is? I would like to know just exactly what he has to hide? It would certainly offer more credibility to the website and its overall content. He should also require that all persons making comments register prior to doing so.

    Of course, I am confident that the Spineblogger will reply to my post with his moniker and anonymity in tow. If he is a professional, then why all the secrecy as to his identity? Oh great spine God, please offer us all more of your hearsay.

    I have posted my name, as I'm not even employed in the spine industry. But, even if I were, I would still have no problem signing my name to something I wrote, that is, if I actually believe in what I wrote and can defend it accordingly. I found the blog when I was doing some research on spine surgery while preparing a personal injury case. I think it could be a good source of information if controls were in place to insure credibility.

  21. Jake:

    For your information, anything that is posted on the blog is in the public domain. We attempt to control comments to the best of our ability, unfortunately, that doesn't meet your criteria, especially if it hits close to home. No one ever said that the use of a moniker was going to make the commentary credible, it was intended to allow others to respond without always having to reference an "anonymous" commentator. Since this blog's foundation is "what's been heard on the street," that's what we report. To the best of our ability we attempt to substantiate all information. Besides, isn't the public entitled to know who are some of the companies that we ask questions and write about? Why should TSB require that everyone register prior to commenting? Because you said so? Obviously, I am not as deluded as you are, because I do not profess to be the Oracle or Spine God. I am just The Spine Blogger. Interestingly, you stated that you are not even employed in the spine industry, then my question to you is, how would you know whether what is posted is credible or not? Don't be offended by my commentary, because just like you, I am entitled to an opinion. Besides, you know what TSB always says; "IF YOU DON'T LIKE THE BLOG, DON'T LOG ON AND READ IT." This blog was intended as a forum for industry professionals, for someone outside the industry, you do have a opinion and like anyone else, as long as you are not vulgar or abusive we allow your voice to be heard. Once again, thank you for your opinion.

    Question: If you are out of the industry, why are you so interested in what is posted on this blog, no less than by someone you consider a heretic?

  22. You go spine blogger. Just for Mr. Jake's information the definition of a heretic is someone that hasn't drunk the Spine Industry Kool-Aid. Keep on keeping on.