ACTIVE SETTLING PLATE WITH ELASTOMERIC MEMBERS AND METHOD OF USE

1 . A surgical bone plate system comprising:

a first plate member extending along a longitudinal axis, having a first and second laterally offset coupling members and a receiving segment with a longitudinal portal, the first plate member defining a plurality of bores extending through a top and bottom surface of the first plate member;

a second plate member positioned along the longitudinal axis, having a third and fourth laterally offset coupling members, and a slider segment dimensioned to fit within the longitudinal portal of the first plate member, the second plate member defining a plurality of bores extending through a top and bottom surface of the second plate member;

a first elastomeric member extending between and coupled to the first and third laterally offset coupling members;

a second elastomeric member extending between and coupled to the second and fourth laterally offset coupling members, wherein the first and second elastomeric members are generally parallel to the longitudinal axis and laterally spaced apart from the receiving segment and the slider segment to define a first and second windows; and

a plurality of bone anchors at least partially received within the plurality of bores of the first and second plate members.

2 . The surgical bone plate system of claim 1 wherein the top surface of the first and second plate members is curved along the longitudinal axis.

3 . The surgical bone plate system of claim 1 wherein the bottom surface of the first and second plate members is curved along the longitudinal axis.

4 . The surgical bone plate system of claim 1 wherein the first and second plate members each have at least one instrumentation recess.

5 . The surgical bone plate of claim 1 wherein the first and second elastomeric members are braided.

6 . The surgical bone plate of claim 5 wherein the first and second elastomeric members are composed at least partially of a polyester material.

7 . The surgical bone plate of claim 1 wherein the first and second elastomeric members are composed at least partially of a polyolefin material.

8 . The surgical bone plate of claim 1 wherein the first and second elastomeric members are composed at least partially of a nylon material.

9 . The surgical bone plate of claim 1 wherein the first and second elastomeric members are composed of a material selected from the group consisting of polybutadiene, polyisoprene and polychloroprene.

10 . A surgical bone plate comprising:

a first plate member extending along a longitudinal axis, having a top surface, a bottom bone contacting surface an outer side surface and a receiving segment with a longitudinal portal;

a second plate member positioned along the longitudinal axis, having a top surface, a bottom bone contacting surface, an outer side surface and a slider segment slidably positioned within the longitudinal portal of the first plate member;

a groove extending along the outer side surface of the first and second plate members

an elastomeric member positioned at least partially within the groove wherein the elastomeric member has two legs that are generally parallel to the longitudinal axis and are laterally spaced apart from the receiving segment and the slider segment to define a first and second windows.

11 . The surgical bone plate of claim 1 wherein the first and second plate members each have at least one instrumentation recess.

12 . The surgical bone plate of claim 1 wherein the elastomeric member is braided.

13 . The surgical bone plate of claim 10 wherein the elastomeric member is composed of a plurality of radio lucent and radio opaque fibers.

14 . The surgical bone plate of claim 10 wherein the first and second elastomeric members are composed at least partially of a polyester material.

15 . A surgical bone plate comprising:

a first plate member extending along a longitudinal axis, having a top surface, a bottom surface and a receiving segment with a longitudinal portal;

a second plate member positioned along the longitudinal axis, having a top surface, a bottom surface and a slider segment slidably positioned within the longitudinal portal of the first plate member;

a first protrusion located on the top surface of the first plate member and a second protrusion located on the top surface of the second plate member; and

a first elastomeric member coupled to the first and second protrusions.

16 . A kit for stabilizing one or more bone structures, comprising:

a first plate member extending along a longitudinal axis, having a top surface, a bottom surface and a receiving segment with a longitudinal portal;

a second plate member positioned along the longitudinal axis, having a top surface, a bottom surface and a slider segment slidably positioned within the longitudinal portal of the first plate member;

a retaining feature located on the top surface of the first plate member and a retaining feature located on the top surface of the second plate member;

a plurality of bone anchors; and

a plurality of elastomeric members of varying stiffness.

17 . A method of compressing adjacent boney structures, comprising the steps of:

providing a plate having a first and second plate members coupled together with at least one elastomeric member;

elongating the elastomeric member by applying a distraction force to the plate;

sliding the first plate member relative to the second plate member;

fastening the first plate member to a first boney structure with a first and second anchors;

fastening the second plate member to a second boney structure with a third and fourth anchors; and

removing the distraction force from the plate.

18 . A method of compressing adjacent boney structures, comprising the steps of:

providing a plate having a first and second plate members coupled together with at least one elastomeric member;

coupling an instrument to the first and second plate members;

elongating the elastomeric member by applying a distraction force to the plate with the instrument;

sliding the first plate member relative to the second plate member;

fastening the first plate member to a first boney structure with a first and second anchors;

fastening the second plate member to a second boney structure with a third and fourth anchors; and

removing the instrument from the plate.

19 . A method of compressing adjacent boney structures, comprising the steps of:

providing a plate having a first plate member with at least one retaining feature and a second plate member with at least one retaining feature;

sliding the first plate member axially relative to the second plate member;

fastening the first plate member to a first boney structure with a first and second anchors;

fastening the second plate member to a second boney structure with a third and fourth anchors;

coupling a first elastomeric member having a first stiffness to the retaining features of the first and second plate members.

20 . The method of claim 19 further comprising the steps of:

coupling a second elastomeric member having a second stiffness to the retaining features of the first and second plate members.

21 . A method of compressing adjacent boney structures, comprising the steps of:

providing a plate having a first plate member with at least one retaining feature and a second plate member with at least one retaining feature;

sliding the first plate member axially relative to the second plate member;

fastening the first plate member to a first boney structure with a first and second anchors;

fastening the second plate member to a second boney structure with a third and fourth anchors;

expanding an elastomeric having a first stiffness around the retaining features of the first and second plate members.

22 . The method of claim 21 further comprising the steps of:

coupling a second elastomeric member having a second stiffness to the retaining features of the first and second plate members.

23 . A method of compressing adjacent boney structures, comprising the steps of:

providing a plate having a first and second plate members;

sliding the first plate member axially relative to the second plate member;

fastening the first plate member to a first boney structure with a first and second anchors;

fastening the second plate member to a second boney structure with a third and fourth anchors; and

expanding an elastomeric member around the perimeter of the plate.