As I recall, people were still being admitted into those trials because the products had not cleared FDA approval yet, but the data was finished being collected and had already been sent to the FDA. Trial surgeons were allowed to proceed with surgeries as long as they had the manufacturer's approval.
I could be wrong, but that's what I've witnessed here in san francisco
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1/2006 DDD L5/S1
Prodisc St. Mary's 12/2006 not diagnosed properly pre-op and now have DDD L4/L5, facet calcification L5-S1/L4-L5, mild scoliosis and left knee pain. DDD: C3 through C6
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