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. This can make botched spinal fusion lawsuits harder to win. Especially if theyre suffering from a herniated disk or spinal stenosis. Its likely your doctor had you sign a consent formexplaining that you understood the risks. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. The FDA issued a public health warning in 2008 regarding Medtronics Infuse Bone Grafts for use in cervical fusions, as the injection caused swelling of neck and throat tissue; compression of the airway and neurological structures in the neck; and difficulty swallowing and breathing. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. Call us at 800-553-8082 or submit a request for a free consultation. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. She argued that the womans abrupt stop made the collision unavoidable. The surgery was supposed to relieve pain in her neck, arms, and hands. But she was also in pain. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Spinal Fusion Settlements and Lawsuits (Cervical and Lumbar) If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Are you experiencing any of these symptoms? An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Future lost income reduced to present value, Loss of capacity for the enjoyment of life, condition occurred with regularity and was therefore foreseeable, length of time that Target should have known it was there, metal rack that was holding the rug and the rug itself allegedly came loose and fell on the shoppers, things that can affect how much your injury case is worth, customer has 4 years to sue Home Depot if injured inside the store, shoulder surgery on a client of mine whose case I settled for $210,000, emotional well-being had been affected by theaccident, quality of her relationship with her husband had beenaffected by her accident related injuries, settled several injury cases with Travelers, injured persons age often affects the value of a case, uninsured/underinsured (UM/UIM) motorist coverage, National Car Rental also offers $100,000 in UM coverage, Avis website says that Additional Liability Insurance does, find out for FREEif we can represent you, Florida Motor Vehicle No-Fault Law, Personal Injury Protection (PIP), settled cases throughout the entire state of Florida. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. Soon after the spinal fusion surgery, Scovil started experiencing increased back pain again, but was merely prescribed pain medication by his physician, the lawsuit says. After a spinal fusion surgery there might also be nerve damage in the lower back. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. These failed fusions can be caused by hardware failures. The result? In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. This case settled for $700,000. Keep reading to learn more! And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. The woman sustained cognitive loss and chronic migraines. Or it can cause back and leg (or arm) pain, depending on whether the fusion is at the cervical (neck) or lumbar (low back) level. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. 2018. Failed Back and Failed Fusion Syndrome | Cedars-Sinai Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. You have back pain caused by degenerative disc disease. Spinal Fusion Patients Sue Bone Graft Makers over Permanent Damage The name of this condition is adjacent segment disease. And heres a more specific example. The vertebrae make up the weight bearing capabilities of the spine. The doctor recommended the surgery when it wasnt in the patients best interest. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. All Rights Reserved. You have a right to hold guilty people liable for your suffering. Does that make these statistics useless? And just how much motion constitutes a failed fusion remains fuzzy. Talias doctor didnt give her case the proper time and attention it needed. When the shiny newness of the surgery faded, patients began reporting poor recoveries. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. A patient may experience recurrent pain many years after a spine fusion surgery. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? ", "Working with David was a pleasure. 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. Thats a benefit as the body fills in the fusion site faster. accelerated wear and tear on remaining vertebrae and possible chronic pain. Spinal fusion is a surgery that permanently joins bones in the spine. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. These failed fusions can be caused by hardware failures. Paralysis Caused by Negligent Spinal Fusion Surgery Up to half of patients who were treated with Infuse bone grafts had serious medical complications. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. This is a tragedy that could have been prevented. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. In addition to the primary reasons for failed back surgery syndrome (FBSS) discussed on the prior page, there are several reasons why a spinal fusion might fail to alleviate a patients back pain after surgery, including fusion and implant failures, and transfer lesions. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. Would a reasonably skilled surgeon in the same position have made the same mistake? 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. Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. Some of the most common back injuries we see in personal injury cases include: The potential settlement value of back injuries in tort cases is highly dependent on the type and level of treatment that the plaintiff undergoes. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. The woman underwent a cervical discectomy and fusion. All Rights Reserved.The Schmidt Firm, PLLC | 3500 Maple Ave, Suite 1250 | Dallas, TX 75219 | (866) 920-0753Sitemap | Privacy Policy | Disclaimer, Call Today for a FREE Confidential Case Review. He is genuine and really does care about his clients' well-being. Start here to find personal injury lawyers near you. Negligently performing the procedure and/or failing to recognize a complication. Medical Malpractice: Spinal Fusion Surgery - Zevan Davidson Roman, LLC This case is different from the others because it is a medical malpractice claim. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer (Had they been given the information.) Thin-cut CT scans help show this problem more clearly than dynamic radiographs. Or a reasonable doctor would have given the information. The jury found the at-fault driver 100 percent liable. 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. Those changes interfere in judging whether or not the fusion is completed. Most attorneys would just take their cut and run, but Dave did just that with a referral. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. There is some risk inherent in any surgery, and patients typically sign an informed consent form acknowledging that they are aware of the risks of surgery. You have a right to hold guilty people liable for your suffering. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. Once this is complete, the surgeon will close the incision. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. Is Minimally Invasive Spine Surgery Right for You? Spinal injury settlements can help you recover lost income, medical expenses and more. She suffered a traumatic brain injury, a neck injury, and a disc herniation. Many lawsuits have been filed against manufacturers of these products, including Medtronic. On postoperative imaging studies it is often very difficult to tell if a patients spine has fused, and it can be even harder to determine if a further fusion surgery is necessary. I understand that submitting this form does not create an attorney-client relationship. A spinal cord contusion. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. 2019 Ted Fund Donors If this happens, the patient will start to feel more pain. 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. This case settled for $2,300,000. They will gather all the information you need for a successful outcome. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. A jury awarded the man $4,375,018. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? As time passes and the patients back begins to heal, he/she may start being more active. The defense disputed the womans injury claims. Second, talk to an attorney. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. This is taken either from the patients pelvic region or from a cadaver. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. Your spine has abnormal curvatures because of scoliosis or something like it. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. Other types of lawsuits around spinal fusions are medical malpractice claims for unnecessary surgeries and negligence claims for botched procedures (even one by professional wrestler Hulk Hogan), products liability, and wrongful death. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. 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. Failed Spinal Fusion Surgery | Spine-health 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. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. The women alleged negligence against the surgeon. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. Its use is still in the experimental phase. Complications with the spine hardware. Pain or a feeling of numbness starting from the low back and spreading down the legs. Every surgical procedures carries some risk, and of course your doctor cant predict everything. But little did she know, that her surgeon. Chicago, IL 60602. If the spinal fusion is not successful the patient may feel back or leg pain, for example. They included a revision fusion, a decompression, and a laminectomy. There isnt a one-size-fits-all method of recovery after a failed first fusion. To help us understand why this happens, the authors present the many possible risk factors, and then walk us through the diagnosis and follow-up treatment. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. How many attorneys would tell a potential client that the client could do just as well without an attorney? Surgical intervention on scoliosis patients would not occur again until the 20th century. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. 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. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. If your accident did NOT happen in Florida or on a cruise, and you don't live in Florida, I likely won't be able to represent you. Get Veritas Health Newsletters delivered to your inbox. failed spinal fusion lawsuit. There are many opportunities for these situations to arise, as low back pain is the leading cause of disability globally, and up to 80% of the population will experience back pain sometime in their life. The risk increases when more than one vertebrae level is fused. Some of the most common injuries, risks, and complications that arise with spinal fusion surgery include: The spine is generally described as being divided into three major sections. The fusion worked great for the first 5-6 months after which the pain returned. Spinal Fusion Lawsuit. If you or a loved one are suffering from these devastating effects, we want to help. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. 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. Up to half of patients who received this treatment experienced serious medical complications, which had gone unreported by Medtronic in 13 studies. But of course it depends on the details of your case. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. Level 1 treatment for back injuries usually involves some combination of anti-inflammatory pain medication (e.g., If pain meds and physical therapy are not effective at eliminating chronic pain from a back injury, the next level of treatment involves. What's the Average Settlement for Spinal Fusion Surgery? But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. Are there any hidden costs? What can the surgeon do for this problem? In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. The third and highest level of treatment in back cases is usually spinal fusion surgery. The womens symptoms failed to resolve. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. Finally, how well does it work to try a different approach when treating failed fusions? A 52-year-old man was rear-ended. And he didnt thoroughly consider her medical history. If Level 1 (meds & physical therapy) and Level 2 (steroid injections) are not effective at eliminating chronic back injury pain, the third and final level of treatment is usually spinal fusion surgery. Registered. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. David delivered more than expected for me in every way and I would recommend him to anyone. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. Like Patricia, you deserve to know all potential risks prior to surgery. https://schwanerinjury.com/wp-content/uploads/2018/12/spine.jpg, https://schwanerinjury.com/wp-content/uploads/2016/04/Logo-837x321.png, Spinal Fusion Lawsuits and Settlement Guide. Spinal Fusion Lawsuit | Medical Malpractice Lawyer Your spine is weak because of infection (or tumors). They should tell you about potential spinal fusion complications. The defense admitted liability but disputed the injuries. Cervical Spine Surgery Lawyer & Implant Neurostimulator Lawyer Therefore, spinal hardware (e.g. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks.