FW: [OANDP-L] 2nd Hand CLeg
Tony Barr
Description
Collection
Title:
FW: [OANDP-L] 2nd Hand CLeg
Creator:
Tony Barr
Date:
3/28/2005
Text:
Thank you Charles for stating the possible downside of utilizing recycled
and used prosthetic componentry for patients whom pay for these services..
I have researched liability issues with legal advisors re: donation of
prosthetic components to a non profit and their subsequent use and found the
following summary.
If a C-Leg or any other prosthetic component or supplies were donated to a
non profit organization, the Barr Foundation, and in turn provided at no
charge to a qualified user (amputee) whom had no other resources of
funding, there would be difficulty holding a unregulated provider or
manufacture of the component liable under present product liability laws.
Providers utilizing recycled prosthetic components or supplies would be
restricted from billing insurers for reimbursement..
I have heard rumor for years to A LAW stating the prohibition of
recycling and reusing prosthetic components.
I have never been able to retrieve it .However, it is certainly
understandable that since we live in a litigation society, lawsuits are
quite possible for anything.
The Barr Foundation has been donated C-Legs and other expensive hi-tech
components in the past.
Obviously most of these are not targeted for third world efforts unlike
many of our in kind donations that are.
We accommodate and honor all requests from manufacturer donors to not
utilize donations they consider to be blemished or marked
components/supplies for our domestic efforts.
If used in this country we would work with the manufactures in first
utilizing a certified/licensed prosthetic provider as in the case of a
C-Leg and extend a service agreement.
We would not however, expect any manufacturer of any component to extend
the warranty to a second person since most all components are sold for
single person use.
We do not declare value to any in-kind donations
The donors, whether they be providers, manufacturers or private citizens,
are to determine, thru their tax accountants, if there are possible tax
benefits for their donations.
More importantly, I can assure you that any amputee that we use donated
components/supplies for will not be charged any fees whatsoever which
severely limits the patients option to sue the original manufacture.
As we discussed and to share this with the O&P listserve, we would be happy
to accept the C-Leg as a donation, and any other working components, and
reserve for a future qualified candidate .We would work with OBH and any
other the manufacture of other components, with servicing and warranty
issues.
We are often contacted by amputees in the USA whom have no funding for
hi-tech components, whether it be a C-Leg, College Park, Flex or Luxon Max
foot, Utah Arm ,etc..we would first try to work with the qualified provider
and the manufacture to utilize it in our assistance efforts.
This would be a far better outcome than having these items end up and resold
on E-Bay.
Upon receiving a in-kind donation we will acknowledge the donation and
provide you with our fed tax ID# so that you may donate the items for tax
purposes.
Please enclose to whom our acknowledgement should go to in the shipment
box/container.
When in doubt of reusable condition for reapplication ,do not send!
All good condition stump socks, sheaths, shrinkers can be toughly washed and
reused.
Presently we provide prosthetic rehabilitation assistance programs with
Rotary Clubs in Guyana, South America , Mexico, Central America,etc. as well
as domestically thru USA sponsoring prosthetists (over 1000 amputees
sponsored by 110 prosthetists to date!)
see www.oandp.com/resources/organizations/barr/list.htm
We also accommodate other legitimate non profits requests in donating
selected components to their specific efforts.
If you or the potential donor have any additional questions or concerns
please don't hesitate to contact me.
Tony
The Barr Foundation
c/o Storage USA 3090 NW 2nd Avenue
Suite #693
Boca Raton, Florida 33431
561-394-6514
Sent: Friday, March 25, 2005 8:36 PM
To: <Email Address Redacted>
Subject: [OANDP-L] 2nd Hand C Leg Redux
To all of you on the list serve that responded to my inquiry concerning the
C Leg, my thanks.
The widow is in the process of disposing of it as she wishes.
For your information, since many of you made the suggestion, Otto Bock will
not extend the warranty of the CLeg to a second party. It is their position
that P&O components are sold for single person use only. No exceptions for C
Legs regardless of cost. This will probably cause many cries of outraged
protest. It is however an entirely reasonable position ontheir part as far
as I am concerned.They have no way of assuring themselves or anybody else
that the first user did not do damage of some sort, detectable or otherwise,
to the unit. Were the second user to sustain injuries from a failed unit
could leave OB in the very difficult position of having to defend itself
against claims of negligence, etc. Having been involved in product liability
cases, I am in total sympathy with their position.
I might mention in passing that the American light aircraft manufacturing
industry was darn near destroyed by this very scenario. The manufactures
were being held liable for injuries to owners and passengers of second hand
aircraft even after the planes left their control despite the fact that they
had no influence on what was done to the plane by intermediary owners. The
costs of aircraft were driven out of reach. If you think P&O components are
expensive now..
In any event, again my thanks.
Charles H. Pritham
and used prosthetic componentry for patients whom pay for these services..
I have researched liability issues with legal advisors re: donation of
prosthetic components to a non profit and their subsequent use and found the
following summary.
If a C-Leg or any other prosthetic component or supplies were donated to a
non profit organization, the Barr Foundation, and in turn provided at no
charge to a qualified user (amputee) whom had no other resources of
funding, there would be difficulty holding a unregulated provider or
manufacture of the component liable under present product liability laws.
Providers utilizing recycled prosthetic components or supplies would be
restricted from billing insurers for reimbursement..
I have heard rumor for years to A LAW stating the prohibition of
recycling and reusing prosthetic components.
I have never been able to retrieve it .However, it is certainly
understandable that since we live in a litigation society, lawsuits are
quite possible for anything.
The Barr Foundation has been donated C-Legs and other expensive hi-tech
components in the past.
Obviously most of these are not targeted for third world efforts unlike
many of our in kind donations that are.
We accommodate and honor all requests from manufacturer donors to not
utilize donations they consider to be blemished or marked
components/supplies for our domestic efforts.
If used in this country we would work with the manufactures in first
utilizing a certified/licensed prosthetic provider as in the case of a
C-Leg and extend a service agreement.
We would not however, expect any manufacturer of any component to extend
the warranty to a second person since most all components are sold for
single person use.
We do not declare value to any in-kind donations
The donors, whether they be providers, manufacturers or private citizens,
are to determine, thru their tax accountants, if there are possible tax
benefits for their donations.
More importantly, I can assure you that any amputee that we use donated
components/supplies for will not be charged any fees whatsoever which
severely limits the patients option to sue the original manufacture.
As we discussed and to share this with the O&P listserve, we would be happy
to accept the C-Leg as a donation, and any other working components, and
reserve for a future qualified candidate .We would work with OBH and any
other the manufacture of other components, with servicing and warranty
issues.
We are often contacted by amputees in the USA whom have no funding for
hi-tech components, whether it be a C-Leg, College Park, Flex or Luxon Max
foot, Utah Arm ,etc..we would first try to work with the qualified provider
and the manufacture to utilize it in our assistance efforts.
This would be a far better outcome than having these items end up and resold
on E-Bay.
Upon receiving a in-kind donation we will acknowledge the donation and
provide you with our fed tax ID# so that you may donate the items for tax
purposes.
Please enclose to whom our acknowledgement should go to in the shipment
box/container.
When in doubt of reusable condition for reapplication ,do not send!
All good condition stump socks, sheaths, shrinkers can be toughly washed and
reused.
Presently we provide prosthetic rehabilitation assistance programs with
Rotary Clubs in Guyana, South America , Mexico, Central America,etc. as well
as domestically thru USA sponsoring prosthetists (over 1000 amputees
sponsored by 110 prosthetists to date!)
see www.oandp.com/resources/organizations/barr/list.htm
We also accommodate other legitimate non profits requests in donating
selected components to their specific efforts.
If you or the potential donor have any additional questions or concerns
please don't hesitate to contact me.
Tony
The Barr Foundation
c/o Storage USA 3090 NW 2nd Avenue
Suite #693
Boca Raton, Florida 33431
561-394-6514
Sent: Friday, March 25, 2005 8:36 PM
To: <Email Address Redacted>
Subject: [OANDP-L] 2nd Hand C Leg Redux
To all of you on the list serve that responded to my inquiry concerning the
C Leg, my thanks.
The widow is in the process of disposing of it as she wishes.
For your information, since many of you made the suggestion, Otto Bock will
not extend the warranty of the CLeg to a second party. It is their position
that P&O components are sold for single person use only. No exceptions for C
Legs regardless of cost. This will probably cause many cries of outraged
protest. It is however an entirely reasonable position ontheir part as far
as I am concerned.They have no way of assuring themselves or anybody else
that the first user did not do damage of some sort, detectable or otherwise,
to the unit. Were the second user to sustain injuries from a failed unit
could leave OB in the very difficult position of having to defend itself
against claims of negligence, etc. Having been involved in product liability
cases, I am in total sympathy with their position.
I might mention in passing that the American light aircraft manufacturing
industry was darn near destroyed by this very scenario. The manufactures
were being held liable for injuries to owners and passengers of second hand
aircraft even after the planes left their control despite the fact that they
had no influence on what was done to the plane by intermediary owners. The
costs of aircraft were driven out of reach. If you think P&O components are
expensive now..
In any event, again my thanks.
Charles H. Pritham
Citation
Tony Barr, “FW: [OANDP-L] 2nd Hand CLeg,” Digital Resource Foundation for Orthotics and Prosthetics, accessed November 6, 2024, https://library.drfop.org/items/show/224503.
