failed spinal fusion lawsuit failed spinal fusion lawsuit

The purpose is to straighten the spine or reduce pain. Copyright 2020 The Schmidt Firm, PLLC. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. The common reasons for undergoing a spinal fusion range from a broken vertebrae or removal of a herniated disk to correcting the spinal deformities scoliosis and kyphosis. Californias median settlement value for neck and back injury is some of the highest in the US, with an average of $1,728,491 and median of $1,535,500. Spinal injury settlements can help you recover lost income, medical expenses and more. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. They included a revision fusion, a decompression, and a laminectomy. The surgery can correct a herniated disc or repair a damaged spine. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. The at-fault driver denied liability. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. There are many different reasons to take legal action after a failed spinal fusion. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. A real class act with your best interest at heart! The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. When it comes to failed spinal fusion surgery, you need a personal injury attorney. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. They will gather all the information you need for a successful outcome. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. A jury awarded $1,135,346. Spinal fusion surgery significantly increases the potential value of any back injury claim. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. Locked pseudoarthrosis describes a situation in which the top and bottom of the cage inserted between the two vertebrae has fused solid but the middle (inside the cage) has not filled in with bone and solidified. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Biomet spinal fusion stimulator side effects may also include chronic . Other reasons for a failed spinal fusion can include: Severe infection or post-surgery complications Surrounding vertebrae/discs develop problems The fusion fails to take for a reason other than scar tissue Hardware or metal implant breakage Issues with a bone graft Patient experiences bleeding or blood clots Symptoms Treatment CLICK HERE The metal pieces hold the bones together while it heals. failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit https://crabbsattorneys.com/wp-content/themes/nichely3/images/empty/thumbnail . The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. Any statistician who pulled the methodology of how these numbers are calculated would have grave reservations about relying on any of these estimates as a true average spinal surgery settlement value. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. She argued that the womans abrupt stop made the collision unavoidable. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. Spinal injury cases have a very high settlement value. Patricia was 56 when she had spinal fusion surgery. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. It was not until the spring of 2013 that his physicians diagnosed him with uncontrolled bone growth where Infuse had been used, after examining medical imaging of the . be considered sooner. Its use is still in the experimental phase. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. Finally, how well does it work to try a different approach when treating failed fusions? Surgery may be able to fix the condition but not eliminate the pain. The result? They awarded the woman $1,051,800. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. And heres a more specific example. The canals of the spine might start to narrow and the nerves right below and above the immobilized by the fusion sector might be affected. There are three things to consider if you think youre a victim. Unfortunately, early versions of the product were recalled in April 2010 after the manufacturer, SeaSpine, and the FDA received at least 13 adverse event reports. Although surgery might not be able to remove the pain, it could be helpful for the condition. A 52-year-old man was rear-ended. You can find more information on that below. The typical cost of spinal fusion surgery can range from $16,000 to $30,000 depending on various factors such as the type of fusion surgery, the location on the spine, and the location where the procedure is done. Once these are removed, they are replaced with metal devices that stabilize the spine. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. Since many patients who undergo a failed spinal fusion surgery are entitled to compensation, hiring a personal injury attorney can help get you the outcome you deserve. Our lawyers have handled scores of cases where we were limited to the insurance policy limits although the claim had a much higher settlement value. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. These failed fusions can be caused by hardware failures. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); -10 Best In Client Satisfaction: American Institute of Personal Injury Attorneys, David Delivered More than Expected for Me in Every Way. This proved to be a poor choice because childrens bones are still growing. And it varies widely from state to state as well. Given the well-known complications of spinal fusions, your doctor most likely detailed those risks to you in person and had you sign an informed consent sheet before the procedure. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". They have an average settlement value of over $1,000,000 in many states, and a median settlement value of over $1,000,000 as well. Spinal injury settlements can help you recover lost income, medical expenses and more. Each vertebrae is made up of several parts. ", 111 N Wabash Avenue Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. Financial compensation may include coverage for: Additionally, the families of patients who die as a result of failed spinal fusion surgery may be entitled to wrongful death compensation. In 2015 it was approved by the FDA for use in lumbar procedures that also require the use of a cage to reinforce the spinal column while the vertebrae fuse. This degeneration is most likely to happen after a two-level fusion (e.g. But there are so many variables that come into play so dont discount your situation without talking to a professional. The information is produced and reviewed by over 200 medical professionals with the goal of providing trusted, uniquely informative information for people with painful health conditions. There can be other causes of failed spinal fusion such as the hardware coming loose or infection and poor wound healing, but pseudarthrosis accounts for almost one-fourth of all revision fusion surgeries. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. Around 4 weeks is needed after surgery for most of the pain to go away, but for some people it might take 3 to 6 months. Click here to read more. The Cardiff Anterior Cervical Plate System, also known as the ACP System, is a metal plate that is screwed into a patients spine to stabilize the area after a spinal fusion surgery. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. Any text and information on this website is intended for general informational purposes only and does not constitute legal advice from the law office of Schwaner Injury Law. Products commercially available that have been approved for use are showing some improved results in early studies but there are reported side effects with cervical fusion (e.g., neck swelling, difficulty swallowing) that have raised some concern. Ultimately, a jury must decide that question after hearing conflicting testimony from expert medical witnesses for both sides of the case. Remember that all these statistics are flawed. Houston, TX 77057, The information on this website is for general information purposes only. Two women underwent spinal fusions performed by the same surgeon. And, spinal fusion surgery is no different. Negotiating lawyers fees - how do accident lawyers charge? We are very proud of our legal achievements, but equally self-respecting of our firm's reputation for providing personal attention to each and every client we represent. Unfortunately, she was injured during the surgery. And your doctors should communicate any alternative treatment options available. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. The term back injury is an umbrella term that refers to any and all injuries involving the bones, discs, and nerves in the spinal cord. David delivered more than expected for me in every way and I would recommend him to anyone. This is usually in your neck or back right over the spine or along each side of the spine; conversely, it might be in the abdomen or throat to provide anterior access. The defense admitted liability but disputed the injuries. This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery. The woman underwent chiropractic care, massage therapy, and spinal injections. Many lawsuits have been filed against manufacturers of these products, including Medtronic. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, injury to blood vessels or nerves in and around the spine, pain at the site from which a bone graft is taken, and. Unfortunately, Talia didnt make it. I can speak for personal injury cases in Florida. They should tell you about potential spinal fusion complications. clear, understandable information about muscles, bones and joints. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. A piece of fractured bone embedded into the protective covering of her spinal cord. If the answer is no, then you may have a case. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. The most popular reasons for this type of lawsuit are the following: Conduct on the part of the surgeon or hospital would fall under two areas of law called negligence and medical malpractice. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. Kornitzer's spinal fusion malpractice lawsuit includes allegations of negligence against his doctor and the New Jersey Spine Institute, claiming that they failed to follow the appropriate. However, if you live in Florida and the incident happened in another state, we may be able to represent you. We advise to take all statistics with a grain of salt, because numbers vary a lot. Spinal implants may be temporary or permanent. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. She injured her head, neck, and back. And heres a more specific example. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. Despite the surgery, the womans C5-6 symptoms lingered. At only 23 years old, Talia had an extremely bright future ahead of her. While this wont make up for the loss of your loved one, it can help ease the financial impact that comes when a member of the family dies. 1999-2023 Veritas Health, LLC. In very unstable spines, it is therefore a race between the spine fusing (and the patients bone then providing support for the spine), and the metal failing. There are a lot of different opinions among equally skilled professionals. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. These concentrated synthetic proteins were used for spinal fusion surgery. This is very true in back injury cases involving spinal fusion surgery. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. The jury awarded a payout of $12,790,000. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. Therefore, spinal hardware (e.g. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. An inspirational, peaceful, listening experience. The defense disputed the womans injury claims. When it comes to failure to recommend an alternative procedure, or whether the spinal fusion should have been recommended at all, know that your malpractice case faces an uphill battle -- there is a fair amount of controversy surrounding spinal procedures and remedies in general with a lot of disagreement among equally reasonable and competent professionals. overcome hurdles synonym LIVE Spinal fusion procedures that triggered many of the 17 lawsuits lodged against a former Ventura neurosurgeon regularly spawn litigation and are sometimes used on patients who have little chance of benefiting, according to surgeon specialists at USC and UCLA. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. The contact form sends information by non-encrypted email, which is not secure. A spinal cord contusion. The vertebrae make up the weight bearing capabilities of the spine. When the spine is injured, it may be impact a patient in the following ways: Loss of bowel, bladder, and sexual function, They are negligent in performing the procedure or fail to recognize signs of complications, They recommend the procedure with the knowledge that it is not a good idea or they dont inform you about your alternative options, They fail to fully inform you of the risks before your surgery, Surgical implant defect was a result of poor design, marketing, or manufacturing, A surgical implant was marketed as safe and effective even though the manufacturer knew it wasnt, The manufacturer knew or should have known about the defects, The manufacturer failed to warn patients about the implant defects or potential hazard to health, Medical expenses including doctors bills, hospital bills, recovery therapy, medication, and follow up, Caregiver expenses accrued during recovery, Lost wages resulting from time off work while you were injured, Compensation for any short or long term disability including additional coverage for loss of consortium. Really top notch attorney, and law firm. Obtain Long Term Pain Relief. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. The doctor failed to recognize a complication during the procedure. Speaking with your doctor is always a good first step, because while back pain might automatically mean a bad day for your spine, to your doctor it could mean something else like kidney stones, for example. These cases are generally due to injury or disease. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. There might be harvesting of bone graft, located close to the joint (in the iliac crest). According to the Mayo Clinic, common risks of spinal fusion include: While medical negligence can show up in a variety of forms, there are essentially three ways your surgeon or other medical professional can be liable for malpractice when it comes to spinal fusion: For the first two types of malpractice, the question is whether a reasonably competent surgeon or other medical practitioner in the same position could make the same mistake (this is called the medical standard of care). But anyone who has reduced blood supply or metabolic disorders such as heart disease or diabetes can also experience delayed wound healing or infections that can leave patients with lower fusion rates. The man underwent multiple procedures. David delivered more than expected for me in every way and I would recommend him to anyone. That said, the value of a pain and suffering claim involving a back or neck fusion surgery will probably fall somewhere between $250,000 and $400,000. Like we covered earlier, it varies from state to state, and a lot. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. And thats because surgeons now have at their disposal better ways to perform the surgery and improved hardware such as pedicle screws and locking plates to hold the bones together. Did something seem off about your experience? The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. The manufacturer doesnt warn about the possible harm or defects in the implant. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. Any use of material contained in this web site is at the user's sole risk, and we expressly disclaim any liability for the use thereof. Complications with the spine hardware. Call us at 800-553-8082 or submit a request for a free consultation. 2018. The attorney listings on this site are paid attorney advertising.