Tainted Tissue Suit Delayed

By Julie Montanaro
September 29, 5:30pm

A Tallahassee woman who may have received tainted bone tissue during dental surgery will have to wait a few more months to find out the fate of her class action lawsuit.

Kay Phelps claims Tutogen Medical failed to properly screen bone tissue implanted in her jaw for infectious diseases.

Tutogen tried to have the suit thrown out this week, saying Phelps should be included in a federal class action lawsuit instead, but the judge decided to put the case on hold until the details of that federal suit are final.

That could take months.

"It's frustrating to me," said Phelps' lawyer Tom Thompson, "because the whole purpose of this lawsuit was to get monitoring for people like Ms. Phelps, people in her situation who don't know that they're at risk for syphilis, AIDS and hepatitis."

Phelps filed her lawsuit last February. This week's delay means it could remain in legal limbo for a full year.