Packed demineralized cancellous tissue forms for disc nucleus augmentation, restoration, or replacement and methods of implantation

• US 7,959,683 B2
• Filed: 07/23/2007
• Issued: 06/14/2011
• Est. Priority Date: 07/25/2006
• Status: Active Grant

• Current Assignee: Musculoskeletal Transplant Foundation, Spineology Incorporated
• Original Assignee: Musculoskeletal Transplant Foundation, Spineology Incorporated
• Inventors: Wolfe, Steve, Roche, Karen, Semler, Eric J., Yannariello-Brown, Judith I., Jacobs, Morris L.
• Primary Examiner(s): Robert; Eduardo C
• Assistant Examiner(s): NEGRELLIRODRIGUEZ, CHRISTINA
• Application Number:
  US11/878,269
• Publication Number:
  US 20080027546A1
• Time in Patent Office: 1,422 Days
• Field of Search: 606/60, 606246-249, 623 1711- 1716, 623/23.61, 623/23.63, 623/919
• US Class Current: 623/23.61
• CPC Class Codes: A61F 2/28 Bones joints A61F2/30
• CPC Class Codes: A61F 2/441 made of inflatable pockets or chambers filled with fluid, e.g. with hydrogel
• CPC Class Codes: A61F 2/442 Intervertebral or spinal discs, e.g. resilient non-disc-shaped intervertebral inflatable pockets A61F2/441; non-disc-shaped intervertebral fusion implants A61F2/4455
• CPC Class Codes: A61F 2/4644 Preparation of bone graft, bone plugs or bone dowels, e.g. grinding or milling bone material bone material A61F2/28; disintegrating or milling devices B02C
• CPC Class Codes: A61F 2002/30059 differing in bone mineralization, e.g. made from both mineralized and demineralized adjacent parts
• CPC Class Codes: A61F 2002/3008 radio-opaque, e.g. radio-opaque markers
• CPC Class Codes: A61F 2002/30225 Flat cylinders, i.e. discs
• CPC Class Codes: A61F 2002/30242 spherical
• CPC Class Codes: A61F 2002/30263 cubical
• CPC Class Codes: A61F 2002/30588 filled with solid particles
• CPC Class Codes: A61F 2002/30677 Means for introducing or releasing pharmaceutical products, e.g. antibiotics, into the body
• CPC Class Codes: A61F 2002/444 for replacing the nucleus pulposus
• CPC Class Codes: A61F 2002/4495 having a fabric structure, e.g. made from wires or fibres
• CPC Class Codes: A61F 2002/4649 Bone graft or bone dowel harvest sites
• CPC Class Codes: A61F 2230/0069 cylindrical
• CPC Class Codes: A61F 2230/0071 spherical
• CPC Class Codes: A61F 2230/0084 cubical
• CPC Class Codes: A61F 2250/0098 radio-opaque, e.g. radio-opaque markers
• CPC Class Codes: A61L 2430/38 for reconstruction of the spine, vertebrae or intervertebral discs
• CPC Class Codes: A61L 27/3608 Bone, e.g. demineralised bone matrix [DBM], bone powder
• CPC Class Codes: A61L 27/3654 : Cartilage, e.g. meniscus
• CPC Class Codes: A61L 27/3658 : Intervertebral discs mechanical aspects and structures of intervertebral discs A61F2/442
• CPC Class Codes: A61L 27/3683 : subjected to a specific treatment prior to implantation, e.g. decellularising, demineralising, grinding, cellular disruption/non-collagenous protein removal, anti-calcification, crosslinking, supercritical fluid extraction, enzyme treatment
• CPC Class Codes: A61L 27/56 : Porous materials, e.g. foams or sponges

Abstract

A composition for spinal disc repair comprising a plurality of uniformly shaped demineralized cancellous bone pieces ranging in size from about 2.0 mm to about 4.0 mm loaded into a porous mesh container with the cancellous bone pieces being treated so that they are not osteoinductive and are packed in the porous mesh container under compression forces.

Claims

1. An implant for treating a degenerative intervertebral disc which includes an annulus fibrosus and a nuclear cavity whose boundary is bordered by surrounding walls of the annulus fibrosus and by superior and inferior vertebrae, said implant comprising:

an expandable porous pouch having an exterior surface and a size and shape, when in a collapsed state, to facilitate its insertion through an opening in the annulus fibrosus of the intervertebral disc and its introduction into the nuclear cavity of the intervertebral disc; and

a plurality of substantially demineralized bone units that are sized and shaped for insertion into said porous pouch, said porous pouch being expandable from said collapsed state to an expanded state, in which said exterior surface of said porous pouch engages a substantial portion of the boundary of the nuclear cavity of the intervertebral disc responsive to the insertion of said bone units into said porous pouch, and said bone units being non-osteoinductive as a result of having been soaked in hydrogen peroxide, whereby said bone units do not promote fusion of the superior and inferior vertebrae and do not promote bony ingrowth.

2. The implant of claim 1, wherein at least some of said bone units include cancellous bone.

3. The implant of claim 1, wherein at least some of said bone units include allograft bone.

4. The implant of claim 1, wherein each of said bone units is deformable from a uncompressed state, in which pores of said porous pouch retain each of said bone units within said porous pouch, to a compressed state, in which insertion of each of said bone units into said porous pouch is facilitated.

5. The implant of claim 4, wherein each of said bone units has shape memory such that each of said bone units assumes its said uncompressed state after insertion into said porous pouch.

6. The implant of claim 4, wherein said porous pouch contains a sufficient quantity of said bone units such that said bone units act as a single coherent mass when subjected to a mechanical load.

7. The implant of claim 4, wherein said porous pouch contains a sufficient quantity of said bone units such that said implant withstands compressive loads that are generated within a patient'"'"'s spine.

8. The implant of claim 7, wherein said porous pouch contains a sufficient quantity of said bone units such that said implant facilitates the transfer of compressive loads to the annulus fibrosus of the intervertebral disc.

9. The implant of claim 1, wherein said porous pouch contains a sufficient quantity of said bone units such that said implant conforms to the boundary of the nuclear cavity of the intervertebral disc.

10. The implant of claim 1, wherein at least some of said bone units have a spherical shape.

11. The implant of claim 1, wherein at least some of said bone units have a cuboidal shape.

12. The implant of claim 1, wherein at least some of said bone units have a disc shape.

13. The implant of claim 1, wherein at least some of said bone units include a radiopaque marker.

14. The implant of claim 13, wherein said radiopaque marker is selected from a group consisting of barium, beryllium copper, brass, bronze, carbon steel, clad metals, copper, gold, kovar, molybdenum, nickel, niobium, platinum iridium, stainless steel, tantalum, titanium and zirconium.

15. The implant of claim 1, wherein said porous pouch includes a radiographic marker.

16. The implant of claim 1, wherein said bone units have a pH in a range of from about 6.6 to about 7.4.

17. The implant of claim 1, wherein each of said bone units has a dimension of 5 mm or less.

18. The implant of claim 17, wherein each of said bone units has a dimension within a range of from about 1 mm to about 4 mm.

19. The implant of claim 18, wherein each of said bone units has a dimension within a range of from about 2 mm to about 3 mm.

20. The implant of claim 1, wherein each of said bone units has a calcium content of less than 0.1% wt/wt.

21. The implant of claim 1, wherein said bone units are sealed within said pouch.

22. The implant of claim 1, wherein at least one of said bone units includes at least one bioactive agent.

23. The implant of claim 22, wherein said at least one bioactive agent includes one or more substances taken from a group consisting of growth factors, hormones, viral particles, platelet rich plasma, plasmids, and extracellular matrix proteins.

24. The implant of claim 23, wherein said growth factors include those in the TGF-β

, FGF, VEGF, IGF and BMP families.

25. The implant of claim 1, wherein at least one of said bone units include cells.

26. The implant of claim 25, wherein said cells include nucleus pulposus cells.

27. The implant of claim 25, wherein said cells include cells that have been derived from bone marrow.

28. The implant of claim 25, wherein said cells include pluripotent stem cells.

29. The implant of claim 25, wherein said cells include chondrocytes.

30. The implant of claim 1, wherein said porous pouch is a mesh bag.

31. The implant of claim 1, wherein said porous pouch is formed from a woven synthetic material.

32. The implant of claim 1, wherein said porous pouch is formed from allograft bone.

33. The implant of claim 1, wherein said porous pouch is formed from dermis.

34. The implant of claim 1, wherein said porous pouch is formed from fascia.

35. The implant of claim 1, wherein said porous pouch is formed from hyaluronic acid.

36. The implant of claim 1, wherein said porous pouch is formed from collagen.

37. The implant of claim 1, wherein said porous pouch is formed from a structural protein.

38. The implant of claim 1, wherein said porous pouch includes pores having a size selected so as to inhibit said bone units from passing through said pores.

39. The implant of claim 1, wherein said porous pouch has a porosity and pore size selected so as to facilitate cellular infiltration and fluid exchange, thereby promoting tissue remodelling within said porous pouch in the nuclear cavity of the intervertebral disc.

40. The implant of claim 1, wherein said porous pouch has a porosity and pore size selected so as to facilitate cellular infiltration and fluid exchange, thereby promoting fibrous tissue formation within said porous pouch in the nuclear cavity of the intervertebral disc.

41. A method of treating a degenerative intervertebral disc which includes an annulus fibrosus and a nuclear cavity whose boundary is bordered by surrounding walls of the annulus fibrosus and by superior and inferior vertebrae, the method comprising the steps of:

visualizing the nuclear cavity, wherein said visualizing step includes inserting a balloon into the nuclear cavity, filling the balloon with radio contrast fluid to a specified pressure such that the nuclear cavity is visible under fluoroscopy, and removing the balloon from the nuclear cavity;

inserting an expandable porous pouch through the annulus fibrosus and into the nuclear cavity; and

expanding the porous pouch by filling it with a plurality of substantially demineralized bone units until an exterior surface of the porous pouch engages a substantial portion of the boundary of the nuclear cavity of the intervertebral disc, the bone units being non-osteoinductive, whereby the bone units do not promote fusion of the superior and inferior vertebrae and do not promote bony ingrowth.

42. The method of claim 41, wherein said visualizing step is performed prior to said inserting step.

43. The method of claim 41, wherein said visualizing step includes measuring the volume of the nuclear cavity.

44. A method of treating a degenerative intervertebral disc which includes an annulus fibrosus and a nuclear cavity whose boundary is bordered by surrounding walls of the annulus fibrosus and by superior and inferior vertebrae, the method comprising the steps of:

inserting an expandable porous pouch through the annulus fibrosus and into the nuclear cavity;

deploying the porous pouch, wherein said deploying step includes placing a balloon into the inserted porous pouch, filling the balloon, and removing the balloon from the porous pouch; and

expanding the porous pouch by filling it with a plurality of substantially demineralized bone units until an exterior surface of the porous pouch engages a substantial portion of the boundary of the nuclear cavity of the intervertebral disc, the bone units being non-osteoinductive, whereby the bone units do not promote fusion of the superior and inferior vertebrae and do not promote bony ingrowth;

said deploying step being performed after said inserting step and before said expanding step.

45. The method of claim 44, further comprising a step of removing at least a portion of a nucleus pulposus from the nuclear cavity.

46. The method of claim 45, wherein said removing step is performed prior to said inserting step.

47. The method of claim 45, wherein said removing step includes removing at least one region of vertebral end plates.

48. The method of claim 44, further comprising a step of sealing the bone units in the filled porous pouch to inhibit migration of the bone units from the nuclear cavity, said sealing step being performed after said expanding step.

49. The method of claim 44, wherein said expanding step includes filling the porous pouch with a sufficient quantity of the bone units until an exterior surface of the porous pouch conforms to the boundary of the nuclear cavity of the intervertebral disc.

50. The method of claim 44, wherein said expanding step includes compressing the bone units from an uncompressed state, in which pores of the porous pouch retain each of the bone units within the porous pouch, to a compressed state, in which insertion of each of the bone units into the porous pouch is facilitated.

51. The method of claim 50, wherein each of the bone units has shape memory such that each of the bone units assumes its uncompressed state after insertion into the porous pouch.

52. The method of claim 44, wherein said inserting step is performed by inserting the porous pouch through an existing tear in the annulus fibrosus of the intervertebral disc.

53. The method of claim 44, further comprising the step of making a small portal in the annulus fibrosus of the intervertebral disc, wherein said inserting step is performed by inserting the porous pouch through the portal.

54. A method of treating a degenerative intervertebral disc which includes an annulus fibrosus and a nuclear cavity whose boundary is bordered by surrounding walls of the annulus fibrosus and by superior and inferior vertebrae, the method comprising the steps of:

inserting an expandable porous pouch through the annulus fibrosus and into the nuclear cavity;

loading at least some of a plurality of substantially demineralized bone units into a plurality of tubes; and

expanding the porous pouch by delivering the bone units from the plurality of tubes into the porous pouch and filling the porous pouch with the bone units from the plurality of tubes until an exterior surface of the porous pouch engages a substantial portion of the boundary of the nuclear cavity of the intervertebral disc, the bone units being non-osteoinductive, whereby the bone units do not promote fusion of the superior and inferior vertebrae and do not promote bony ingrowth.

55. The method of claim 54, wherein said loading step is performed prior to said expanding step.

56. A method of treating a degenerative intervertebral disc which includes an annulus fibrosus and a nuclear cavity whose boundary is bordered by surrounding walls of the annulus fibrosus and by superior and inferior vertebrae, the method comprising the steps of:

inserting an expandable porous pouch through the annulus fibrosus and into the nuclear cavity;

lyophilizing a plurality of substantially demineralized bone units;

weighing a quantity of the lyophilized bone units;

hydrating the quantity of lyophilized bone units in fluid;

loading at least some of the quantity of lyophilized bone units into at least one tube; and

expanding the porous pouch by delivering the bone units from the at least one tube into the porous pouch and filling the porous pouch with the bone units from the at least one tube until an exterior surface of the porous pouch engages a substantial portion of the boundary of the nuclear cavity of the intervertebral disc, the bone units being non-osteoinductive, whereby the bone units do not promote fusion of the superior and inferior vertebrae and do not promote bony ingrowth,

said lyophilizing, weighing and hydrating steps being performed before said loading step.

57. An implant for repair of a degenerative intervertebral disc which is bordered by a patient'"'"'s superior and inferior vertebrae, said implant comprising a porous pouch and a plurality of bone units that are sized and shaped for insertion into said porous pouch, said bone units being formed by a method including the steps of:

(a) demineralizing a sheet of bone;

(b) treating the demineralized bone sheet to render it non-osteoinductive; and

(c) cutting the demineralized, non-osteoinductive bone sheet into said bone units,

whereby said bone units do not promote fusion of the superior and inferior vertebrae and do not promote bony ingrowth.

58. The implant of claim 57, wherein step (b) includes performing a chemical treatment on the bone units to render at least some of them non-osteoinductive.

59. The implant of claim 57, wherein step (b) includes performing a thermal treatment on the bone units to render at least some of them non-osteoinductive.

60. The implant of claim 57, wherein step (b) includes treating the bone units with high energy irradiation to render at least some of them non-osteoinductive.

61. The implant of claim 57, wherein step (b) includes soaking the bone units in hydrogen peroxide to render at least some of them non-osteoinductive.

62. The implant of claim 61, wherein said soaking step is performed for at least an hour.