News & Views
Federal Court Judge Approves Use of Spinex International In Court
Ruling is the First of its Kind in the Nation
A U.S. District Court Judge (Honolulu, HI) recently ruled
that test results from the Spinex International, a medical device used
to evaluate spine function, are admissible as scientific
evidence in court for all back and neck injuries. After sworn
testimonies by local orthopedic surgeon, Dr. Robert Smith,
and physical therapist, Florian Flores, the judge ruled that:
"...this testing is sufficiently
scientifically reliable to a legal standard such that it is
admissible and reliable..." †
The judge stated that the Spinex International was widely accepted
in the medical community, was well published in peer-reviewed
journals, had a very high degree of accuracy, and had very
strict qualifying standards for those involved in Spinex International
testing and interpretation.
The ruling is the first in the nation to specifically
address the merits of the Spinex International and formally establish its
legal standing. The effect of this ruling on workers'
compensation, personal injury (auto accidents, etc.) and
disability and impairment ratings is highly significant. The
legal admissibility of this accurate, objective, reproducible
test will greatly facilitate and accelerate the resolution of
claims for injuries to the neck and back. These claims are known
to incur excessive medical and legal expenses due to the inherent
difficulty of evaluating the complexities of the spine. The use
of the Spinex International will help reduce these costs by allowing
physicians to accurately determine the treatment requirements for
the patient.
The Spinex International has been in use in the United States since 1988
(FDA 510 K approval in 1987). The Department of Health of the
City and County of Honolulu established the first Spinex International unit
in 1992, followed by CHART, a physical rehabilitation and testing
center, in 1993. In Hawaii, the Spinex International has been used
successfully by a wide variety of healthcare professionals, legal
practitioners, and insurance companies to manage claims related
to neck and back injuries.
†
United States District Court for the District of Hawaii,
Civil No. 94-00760BMK;
Civil No.95-OOS4OBMK.
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