Latest Hospital Injury Penalties Include Crackdown On Antibiotic Resistant Germs

The federal government has cut payments to 769 hospitals with high rates of patient injuries, for the first time counting the spread of antibiotic-resistant germs in assessing penalties.

The punishments come in the third year of Medicare penalties for hospitals with patients most frequently suffering from potentially avoidable complications, including various types of infections, blood clots, bed sores and falls. This year the government also examined the prevalence of two types of bacteria resistant to drugs.

Based on rates of all these complications, the hospitals identified by federal officials this week will lose 1 percent of all Medicare payments for a year — with that time frame beginning this past October.  While the government did not release the dollar amount of the penalties, they will exceed a million dollars for many larger hospitals. In total, hospitals will lose about $430 million, 18 percent more than they lost last year, according to an estimate from the Association of American Medical Colleges.

The reductions apply not only to patient stays but also will reduce the amount of money hospitals get to teach medical residents and care for low-income people.

Forty percent of the hospitals penalized this year escaped punishment in the first two years of the program, a Kaiser Health News analysis shows. Those 306 hospitals include the University of Miami Hospital in Florida, Cambridge Health Alliance in Massachusetts, the University of Michigan Health System in Ann Arbor and Mount Sinai Hospital in New York City.

Nationally, hospital-acquired conditions declined by 21 percent between 2010 and 2015, according to the federal Agency for Healthcare Research and Quality, or AHRQ. The biggest reductions were for bad reactions to medicines, catheter infections and post-surgical blood clots.

Still, hospital harm remains a threat. AHRQ estimates there were 3.8 million hospital injuries last year, which translates to 115 injuries during every 1,000 patient hospital stays during that period.

Each year, at least 2 million people become infected with bacteria that are resistant to antibiotics, including nearly a quarter million cases in hospitals. The Centers for Disease Control and Prevention estimates 23,000 people die from them.

Infection experts fear that soon patients may face new strains of germs that are resistant to all existing antibiotics. Between 20 and 50 percent of all antibiotics prescribed in hospitals are either not needed or inappropriate, studies have found. Their proliferation — inside the hospital, in doctor’s prescriptions and in farm animals sold for food — have hastened new strains of bacteria that are resistant to many drugs.

 

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Precision Spine® Announces 510(k) Clearance of the AccuFit® Lateral Plating System

December 27, 2016

PARSIPPANY, N.J.–(BUSINESS WIRE)–Precision Spine, Inc. announced today that it recently received 510(k) clearance of its AccuFit®Lateral Plating System.

The AccuFit Plate represents a significant addition to the Precision Spine lateral product portfolio and joins the recently introduced MD Vue Lateral Access Retractor. The AccuFit Plate is designed to provide optimal stabilization with a low profile, titanium plating system that features four points of fixation for enhanced biomechanical rigidity and load sharing. AccuFit features five sizes that are matched to the heights of Precision’s ShurFit® LLIF Interbody cages. The system also includes insertion instrumentation to ensure proper anatomical plate alignment with minimal retraction.

“As a system that utilizes a lateral approach, AccuFit helps bring about a full range of operative and postoperative benefits designed to optimize patient outcomes,” said Andrew Cappuccino, MD, who worked closely with Precision Spine design engineers in the development of the system.

“The AccuFit Lateral Plate System is an important addition to our growing portfolio of devices for use in the lateral approach to spine surgery and is designed to be used in conjunction with our MD-Vue Lateral Access System,” said Chris DeNicola, Chief Operating Officer of Precision Spine. “The MD-Vue System is the only lateral retractor that offers a unique and patented nested 3-blade design, which prevents blade creep during insertion. Together, these lateral devices provide surgeons with a safe, reproducible approach designed to decrease OR time, shorten costly hospital stays and achieve efficient, positive patient outcomes.”

The AccuFit Lateral Plate System consists of non-sterile, single use rigid plates that attach to the lateral portion of the vertebral body of the thoracolumbar spine (T1-L5) by means of bone screws of varying sizes and lengths. The system is indicated for use via a lateral or anterolateral surgical approach, above the bifurcation of the great vessels in the treatment of thoracic and thoracolumbar (T1-L5) spine instability, or via the anterior surgical approach, below the bifurcation of the great vessels in the treatment of lumbar and lumbarsacral (L1-S1) spine instability. The system is intended as a temporary fixation device until fusion is achieved.

About Precision Spine

Precision Spine, Inc. is a privately held company headquartered in Parsippany, NJ with manufacturing facilities in Pearl, MS. Precision Spine is dedicated to providing innovative, quality spine products that are made in the USA and designed to help treat serious orthopedic medical conditions in a cost effective manner. For more information, visit www.precisionspineinc.com.

Contacts

Precision Spine, Inc.
Chris DeNicola
Chief Operating Officer
chris.denicola@precisionspineinc.com

Vivex Biomedical, Inc. Receives Level II HCPCS Q-Code for Cygnus™, a Human Amniotic Tissue Allograft

ATLANTA Dec. 20, 2016 /PRNewswire

Vivex Biomedical, Inc. (Vivex) is a biomaterials developer focused on creating treatment options and creative solutions to advance clinical, surgical and therapeutic patient care. It has made significant progress in a short time, bringing together the brightest minds in the scientific community and from the orthopaedic and material science industries. With its focus on continued innovation in next-generation biomaterials, Vivex is creating a new standard in patient care and delivering groundbreaking health products to meet the needs of a diverse, rapidly expanding market.

“Vivex is very excited to receive this unique Level II HCPCS Q-Code for Cygnus, one of our premiere amniotic tissue allografts,” commented Michele Pablos, Vice President of Sales and Marketing. “Our goal is to make our products more affordable based on the operating needs of all payers, and this is a huge step in making that goal a reality.”

“Cygnus, an amniotic tissue matrix with innate regenerative capability to support healing, is a product that is available in multiple sizes for multiple uses. Cygnus’ amnion patch is an immune-privileged tissue with proven clinical success in regenerative healing, and we look forward to providing more payers with the opportunity to use it.”

This Q-code set is available for use by an array of payers, and is maintained by the Centers for Medicare and Medicaid Services (CMS).

About Vivex Biomedical, Inc., Powered by UMTB:

Vivex Biomedical, Inc. is a regenerative biologics company, dedicated to creating new standards in patient care. Since 2014, Vivex and UMTB (founded 1970) have strived for methods to translate creative collaborations into treatments for real problems.

In collaboration with multiple partners, Vivex is on the cutting edge of scientific development. Translating innovation into treatments for real problems further expands surgical options. All research and development is focused on making strides in the field of musculoskeletal regenerative medicine, with major areas of investigation including: cartilage, bone, and skin. Innovative vision provides a platform that assists in the regeneration of all these tissue types in a personalized but scalable transplantation model.

Vivex is constantly working closely with services that support the advancement of allograft transplantation, specifically services that are committed to providing care and compassion to donor families while inspiring communities to share life by donating. Partnering with others ensures that families are offered the appropriate options and support for donation, including Life Alliance, the Lions Eye Bank, Brain Bank, and Medical Examiners.

 

Under Trump, the medical device industry will likely be the first to benefit from tax cuts

 

 

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CartiHeal Announces FDA IDE Approval of Its Agili-C Implant for the Treatment of Joint Surface Lesions

KFAR SABA, Israel, Dec. 20, 2016 /PRNewswire/ — CartiHeal (2009) Ltd., developer of a cell-free, off-the-shelf implant for use in cartilage and osteochondral defects, announced today the FDA approval of the Investigational Device Exemption (IDE) application submitted by CartiHeal for their Agili-C™ implant, towards a PMA application.

The 2 year-long pivotal study will involve a minimum of 250 patients in US and OUS centers. The study is aimed to show superiority of the Agili-C™ implant over surgical standard of care, i.e. microfracture and debridement, in the treatment of cartilage/osteochondral defects in both osteoarthritic knees and in knees without degenerative changes, making it the first approved study of such broad indications using a single implant.

The study is designed as a prospective, multicenter, open-label, randomized and controlled trial, involving up to 3 lesions in the same joint and with a total treatable area of 1-7cm2.

Agili-C™ was implanted in a series of clinical trials conducted in leading centers in Europe and Israel, in over 220 patients with cartilage lesions in the knee, ankle and great toe. In these trials the implant was used for the treatment of a wide spectrum of cartilage lesions, according to its CE Mark, from single focal lesions to multiple and large defects in patients suffering from osteoarthritis.

Results of these prior investigations demonstrated the potential for cartilage regeneration and remodeling of the underlying subchondral bone, along with pain and symptom relief.

“Pivotal studies performed to date were always focused on small, focal and isolated cartilage lesions in a narrowly defined patient group, which does not represent most of the ‘real-life’ cases,” explains Dr. Ken Zaslav, President of the International Cartilage Repair Society (ICRS) and a member of CartiHeal’s Clinical Advisory Board. “Based on the robust clinical data of the Agili-C™ implant, FDA has allowed  for the first time, treatment indications ranging from single focal defects to multiple defects in osteoarthritis of the knee, which is what us surgeons see on a daily basis.  Moreover, this exciting study will compare two control modes in a single arm:  microfracture for the treatment of focal lesions and debridement for patients with osteoarthritis.”

“Over the last few years we’ve conducted a series of clinical studies in leading centers to learn which kind of patients can  benefit from the Agili-C™ implant,” says Nir Altschuler, CartiHeal’s founder and CEO.  “Together with our Clinical Advisory Board we designed a study that targets a large patient population who can potentially benefit from this implant. We are very pleased that FDA approved our study design, and believe that the Agili-C™ implant will prove to be an ideal treatment for a variety of cartilage lesions in patients who wish to return to a painless and active lifestyle, and currently don’t have good alternatives.”

About CartiHeal

CartiHeal, a privately-held medical device company headquartered in Israel, develops proprietary implants for the treatment of cartilage and osteochondral defects in traumatic and osteoarthritic joints.

Backed by extensive pre-clinical and clinical data, its flagship product Agili-C™, an aragonite-based biodegradable scaffold, has been shown to promote restoration of hyaline cartilage and remodeling of its underlying subchondral bone through a natural process, without the use of cells or growth factors.

Clinical results in the knee, ankle and big toe demonstrated the potential of significant improvement in pain reduction, as well as reduction in related symptoms – through a simple, single-step implantation procedure.

In the United States, the Agili-C is an investigational device that is limited to use in the IDE study.  It is not available for sale.

Media Contact:
Caty Pearl
Caty@pearlcom.co.il
+972-548081020

SOURCE CartiHeal (2009) Ltd.

Intrinsic Therapeutics announces the Filing of PMA Application for its Barricaid® Anular Closure Device for Lumbar Discectomy Patients.

BOSTON, Dec. 21, 2016 /PRNewswire/ — Intrinsic Therapeutics, Inc. announced today that the filing of its Pre-Market Approval (PMA) application with the Food & Drug Administration (FDA) for the Barricaid® Anular Closure device is complete.  Barricaid has been shown to improve the outcomes of patients undergoing discectomy for herniated lumbar discs to relieve sciatica pain.

“Approximately 1 million discectomies are performed every year around the globe and 40% of these patients will leave the operating room after discectomy with a large hole remaining in the outer rim of the disc, the anulus,” said Professor Douglas Klassen, Chief of Neurosurgery at St. Bonifatius Hospital, Lingen, Germany. “By simply sealing these large defects, patient outcomes can be improved significantly.”

The Barricaid Anular Closure device, designed to prevent repeat disc herniations in patients undergoing back surgery to treat sciatica, is the first of its kind to be the subject of a prospective, randomized, superiority trial involving patients who are at higher risk for revision discectomy surgery to alleviate recurrent pain resulting from reherniation.  The PMA submission was based on the 2-year outcomes of 554 trial participants.  Inclusion criteria for the study ensured enrollment of only subjects with a high risk of reherniation, subsequent reoperation, and rehospitalization.

“Today, quality patient care and the utilization of healthcare resources are scrutinized more than ever,” said Dr. Matthew McGirt, a Neurosurgeon at Carolina Neurosurgery & Spine Associates in Charlotte, North Carolina. “Technologies that demonstrate fewer repeat surgeries when compared to traditional treatment will fit into the paradigm of improving outcomes and conserving healthcare resources.”

Further supported by the clinical success demonstrated in earlier single-arm studies, Barricaid today stands alone as a unique treatment device for patients wishing to minimize risk of reherniation and resultant reoperations.  Additional benefits include reduction in serious adverse events, episodic pain events and early hospital readmissions (at 30, 60 and 90 days).

“We are thrilled to have reached this important milestone and move into the next phase with FDA,” said Cary Hagan, Intrinsic’s President and Chief Executive Officer. “Parallel to the PMA approval process, we continue to focus our efforts on market access including reimbursement pathways for this compelling new technology with a sharp focus on delivering a solid Health Economic proposal to payers and hospital systems.”

About Intrinsic Therapeutics

Intrinsic Therapeutics is a medical device company focused on delivering a safe treatment to improve efficacy in patients who are at a disproportionately high risk of requiring repeat surgeries due to reherniation following lumbar discectomy surgery.  Intrinsic currently markets and sells the Barricaid in Europe, Australia, the Commonwealth of Independent States, the Middle East and selected countries in other regions around the world. In the United States, Intrinsic Therapeutics is seeking regulatory approval of the Barricaid Anular Closure device.  See http://www.in-thera.com for more information.

Barricaid is a registered trademark of Intrinsic Therapeutics, Inc.

This press release contains forward-looking statements. Any statements contained in this press release that are not statements of historical fact may be deemed to be forward-looking statements, including, without limitation, statements relating to the potential approval by the FDA of the Company’s PMA submissions for the Barricaid Anular Closure device and the success of the Company’s launch preparedness efforts. These forward-looking statements are based upon Intrinsic’s current expectations. Actual results could differ materially from these forward-looking statements as a result of certain factors, including, without limitation, risks associated with the commercialization and market acceptance of, and customer demand for, the Barricaid Anular Closure device; the uncertain and time-consuming regulatory process, including the risks that the Company may be required to complete additional clinical trials in order to obtain approval of its PMA submissions; that the Company may otherwise encounter unanticipated difficulties complying with the regulatory requirements related to the Barricaid Anular Closure device or that the Company’s PMA submissions might not be approved by the FDA in a timely manner or at all; that the Company may not have the resources to support multiple regulatory submissions; adverse market and economic conditions; and other risks  You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this press release. Intrinsic does not undertake any obligation to update any forward-looking statements as a result of new information, future events, changed assumptions or otherwise.

Contact:
Cary P. Hagan, CEO
Intrinsic Therapeutics, Inc.
clinical@in-thera.com
+1 781 932-0222

SOURCE Intrinsic Therapeutics, Inc.

 

FDA May Outlast Trump’s Change Agenda

Jim Dickinson, Posted in Regulatory and Compliance by MDDI Staff on December 16, 2016

Emerging like the campaign that preceded it as the most unconventional in history, the incoming Trump Administration has many conservatives clambering aboard his train, expecting big changes—including relief for industries regulated by FDA.

For that to come about, much will depend on Trump’s choice for Secretary of HHS, six-term Atlanta-based congressman and orthopedic surgeon Tom Price, who has displayed little interest in the agency other than to unsuccessfully vote against it being given regulatory control over tobacco products.

His main focus is expected to be on repealing and replacing Obamacare, a mission more in keeping with his track record of concentrating on economic issues affecting his fellow physicians and the hospitals they operate in.

A secondary focus will be implementing the new 21st Century Cures Act, which does have a bit to say about FDA and especially about the agency’s treatment of medical devices. Price was among the lopsided 392-26 majority that voted for it in the House.

A strong supporter of “medical innovation,” as he put it then, Price in 2015 voted against the first version of this bill, complaining that it “sets an unacceptable precedent—particularly at a time when so much of our federal budget is already on auto-pilot, increasingly difficult to control and a significant risk to America’s fiscal well-being. I stand ready to work with my colleagues in advancing funding for health care research and to do so in a responsible manner.”

The Cures act will force some awareness of FDA on Price because of its provisions affecting reviews of new devices, drugs, and combination products.

 

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How the New FDA Guidance on Biocompatibility Affects Medical Device Manufacturers

Audrey Turley and Thor Rollins – Posted in Testing Services by MDDI Staff on December 20, 2016

In June 1906, President Theodore Roosevelt signed into law the Food and Drug Act, which addressed “adulterated” products. Adulterated includes the addition of fillers of reduced “quality or strength;” coloring to conceal “damage or inferiority;” formulation with additives “injurious to health;” or the use of “filthy, decomposed, or putrid” substances in a product. It took until 1995 for FDA to release an official guidance specific to medical device regulation.

This document, known as the “blue book,” was the basis of biocompatibility regulation for decades. FDA published a draft guidance document on the “Use of International Standard ISO 10993-1 ‘Biological evaluation of medical devices—Part 1: Evaluation and testing within a risk management process’” in April 2013, and this draft marked the first updated direction regarding biocompatibility from FDA. A final version was issued in June of this year, which was officially adopted as the replacement for the G95 Bluebook memorandum on September 14, 2016.

During the three years that the document circulated as a draft, it doubled in length providing great insight into FDA’s regulatory expectations and the agency’s interpretation of the ISO 10993-1 guidelines in general. FDA guidance document on the use of ISO 10993-1 outlines the testing approach necessary to bring a medical device to market. Medical device manufacturers need to consider FDA’s interpretation of the ISO 10993-1 standard.

This guidance document can be divided into three areas: current thinking, new trends, and justification information. Current thinking references statements or thought processes that are recent trends from FDA as seen in feedback from medical device submissions. New themes are areas of updated insight or clarification of approaches to be taken. Justification information provides alternatives to the standard in vitro/in vivo biocompatibility tests in addressing specific biological endpoints.

 

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Acumed Reaches Agreement Regarding Patent Infringement of Acutrak® Screw

Acumed is pleased to announce that it has reached a resolution of a patent infringement dispute involving Acumed’s US Patent No. 6,030,162 and the Skeletal Dynamics REDUCT Headless Compression Screws (Acumed LLC v. Skeletal Dynamics LLC, Case No. 3:15-CV-01581, filed in US District Court for the District of Oregon). As part of the settlement, Skeletal Dynamics has agreed to license Acumed’s patent for the remainder of its term.

The patent pertains to the design of one of Acumed’s flagship products, the Acutrak® Headless Compression Screw. Introduced in 1994, Acutrak is the original fully threaded headless compression screw with continuously variable thread pitch.

The unique, continuously variable thread pitch ensures each screw rotation threads new bone along the Acutrak screw’s entire length. As each successive individual thread advances faster than the trailing thread counterpart, the conical shape becomes seated into bone. This radial expansion of the screw threads, combined with their axial advancement, creates the ability to reduce and compress bone fragments without a traditional screw head.

In this way, Acutrak technology overcame the limitations of conventional bone screws that could not pass threads across a fracture site to create compression. By allowing each thread along the entire length of the screw to aid in reduction and compression, compression can be maintained as the threads cross the fracture site.[1]

Traditional bone screws have a narrow window of compression. The Acutrak screw has a larger window of compression than traditional screws due to the additive property of each thread providing compression. Mechanical studies show that the Acutrak screw provides the greatest push-out force, highest amount of retained compression after cyclic loading, and highest resistance to torsional loading compared to AO and Herbert screws in cadaveric and synthetic bone material.[2]

Backed by 25 years of clinical data and referenced in more than 100 studies in peer-reviewed journals, the Acutrak family of screws has demonstrated efficacy in hand, wrist, foot, and ankle applications.

More than 1.5 million Acutrak® and Acutrak 2® screws have been implanted to date.[3]

For more information about the Acutrak product line, please visit the Acutrak product page on the Acumed website.

About Acumed
Acumed LLC is a global leader of innovative orthopaedic implant solutions. Founded in 1988, Acumed is headquartered in Hillsboro, Oregon, with offices and a distribution network around the world. Acumed is dedicated to developing products, service methods, and approaches that improve patient care. For more information, please visit http://www.acumed.net.

Availability
These materials contain information about products that may or may not be available in any particular country or may be available under different trademarks in different countries. The products may be approved or cleared by governmental regulatory organizations for sale or use with different indications or restrictions in different countries. Products may not be approved for use in all countries. Nothing contained on these materials should be construed as a promotion or solicitation for any product or for the use of any product in a particular way which is not authorized under the laws and regulations of the country where the reader is located. Specific questions physicians may have about the availability and use of the products described on these materials should be directed to their particular local sales representative. Specific questions patients may have about the use of the products described in these materials or the appropriateness for their own conditions should be directed to their own physician.

References
1. Data on file at Acumed
2. Wheeler DL, McLoughlin SW. Biomechanical assessment of compression screws. Clin Orthop Relat Res.1998;350:237–245.
3. Acumed sales reports

Whistleblowers Claim MiMedx Group, Inc. Defrauded Investors in Lawsuit Filed by Halunen Law

December 15, 2016

MINNEAPOLIS–(BUSINESS WIRE)–The MiMedx Group (NASDAQ: MDXG) persistently inflated its quarterly revenue figures over several years, using a fraudulent practice known as “channel stuffing” to book sales of products that customers never ordered, according to a whistleblower lawsuit filed by Halunen Law against the company and its CEO today in federal district court in Minneapolis.

When two top company sales people objected to being part of what they perceived to be a scheme to defraud shareholders and the investing public, senior-level executives retaliated with threats, intimidation, and ultimately, termination, according to the lawsuit.

Filing the lawsuit on behalf of the plaintiffs, Jess Kruchoski and Luke Tornquist, is the Halunen Law firm of Minneapolis.

“The lawsuit alleges that MiMedx retaliated in a punitive and illegal manner against our clients, after they objected to the company’s alleged illegal practice of booking phantom sales of one of its most lucrative product lines, EpiFix, in an effort to shore up its legally-required quarterly financial reports to shareholders,” says Clayton Halunen, managing partner of the firm and lead attorney for the plaintiffs.

According to the lawsuit, the scheme implicates AvKARE, Inc., a Tennessee company that entered into a distribution agreement with MiMedx, and the Department of Veterans Affairs, an end customer of MiMedx products. Kruchoski and Tornquist allege that MiMedx directed sales managers and representatives to book large orders for products never requested by their customers, VA hospitals in the Upper Midwest. Typically, the “requests” to write these orders were issued in the waning days of a quarterly reporting period, with the goal of inflating the company’s quarterly revenue reports to shareholders, the lawsuit claims. The complaint further alleges that this scheme did not comply with generally accepted accounting principles for revenue recognition.

According to the complaint, when a company directive ordering sales personnel to “stuff the shelves” of VA hospitals with EpiFix packages came down in late December 2015, Kruchoski expressed his opinion about the illegality of such action. However, as alleged in the Complaint, on December 30, MiMedx CEO Parker Petit ordered the sales force to add inventory to government shelves.

According to the complaint, the company unveiled a new tactic to use in supplying VA hospitals with an abundance of EpiFix products in March 2016. The idea allegedly called for using FedEx to ship shoebox-sized packages filled with 15 of the most expensive EpiFix grafts to VA hospital shipping departments. The Complaint alleges that in late March, MiMedx shipped what was estimated to be about $2.4 million worth of product to VA hospitals nationwide. As of November 2016, much of this product was returned or remained on the VA shelves, unpurchased. The complaint describes at least one instance of the EpiFix grafts being stored at a sales representative’s home.

In early November, Kruchoski and Tornquist jointly submitted a report to corporate officials identifying MiMedx’s improper revenue recognition scheme as a violation of the federal Sarbanes-Oxley Act of 2002 (SOX), says the complaint. Over the next weeks, according to the complaint, Kruchoski and Tornquist were threatened, and ultimately terminated.

Both Kruchoski and Tornquist, allege in their complaint that the company retaliated against them because they formally declared their concerns over the channel-stuffing practice. They further claim this retaliation violates the whistleblower protection embedded in SOX, the Dodd Frank Wall Street Reform and Consumer Protection Act, and the Minnesota Whistleblower Act.

About Halunen Law

Halunen Law is a national whistleblower law firm with offices in Minneapolis and Chicago, offering experienced legal representation to protect whistleblowers who have experienced retaliation or are planning to blow the whistle. They also offer experienced legal representation to individuals who are blowing the whistle on government fraud under the False Claims Act and other statutes. For more information on Halunen Law, visit the firm’s website at http://whistleblower.halunenlaw.com/.

Case 0:16-cv-04171 Download the complaint at: https://1drv.ms/f/s!Apr_gPRDSPDNgfww6C1lM2CNA3PfKg

Contacts

Halunen Law
Mack Reed, 612-605-4098
reed@halunenlaw.com