Lawyers States Surgeon Reckless in Surgery That Ended in Death

SEATTLE (AP) — Lawyers for a woman who died after her doctor used a bone cement not approved by the Food and Drug Administration during her back surgery plan to tell a judge during opening statements in a lawsuit that the doctor was reckless and committed malpractice.

The lawyers also say Dr. Jens Chapman and the bone cement company Synthes conspired to commit a criminal act by using the bone cement without FDA approval. Instead of going through the regulatory process, the company's executives sent the cement to surgeons to use on patients. One doctor called the plan "human experimentation."

The company and its executives were charged for their actions in federal court, but Chapman used it during Reba Golden's back surgery. She hurt her back in a fall while working on her house but she died on the operating table in 2007.

Golden's daughter sued the company and Chapman, who through a spokeswoman has denied any wrongdoing. Opening statements in the lawsuit begin Monday morning.