failed spinal fusion lawsuit

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 is expected to bar future claims of this kind. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Constant pain which does not occur during the healing process. Spinal injury settlements can help you recover lost income, medical expenses and more. A common reason for a failed fusion is that the patient's spine does not properly fuse. And heres a more specific example. Really top notch attorney, and law firm. Did something seem off about your experience? This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. It is also used in eliminating pain along the spine. But keep in mind this is not like looking at the average price of West Texas crude oil. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. If you feel your complications and pain after a spinal fusion may warrant a lawsuit, these resources will be helpful: Please fill out the form or call (800) 734-4134 now, SEO Advantage, Inc. SEOLegal Division,Lawyer Marketing She then underwent a two-level cervical fusion. Spinal fusions can be traced back to the 5th century BCE. Sadly, Patricia became paralyzed. The man underwent cervical and lumbar fusions. Up to half of patients who were treated with Infuse bone grafts had serious medical complications. It depends on a number of things. Nerve damage that is either temporary or permanent. They included a revision fusion, a decompression, and a laminectomy. 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. to verify that an attorney is licensed in Florida. Once you are past that window of time, you can no longer file. 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. This includes failed spinal fusions, which often lead to lawsuits. 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. How many attorneys would tell a potential client that the client could do just as well without an attorney? In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. In many cases, this surgery is necessary because a patients spine is no longer capable of supporting the normal load and stress of the body. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. A 44-year-old woman was involved in a chain-reaction collision. The third and highest level of treatment in back cases is usually spinal fusion surgery. This website, and all of its contents, is not intended, and does not create any attorney-client relationship between the viewer/reader and the attorneys at Schwaner Injury Law without the existence of a retained relationship. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. Spinal implants may be temporary or permanent. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. The bones, called vertebrae, are fused together to form one solid bone. Its connected to patients who feel pain after having spinal surgery that remains the same or is new and is located in their back or leg. Theres a lot of debate about what is and what isnt a solid fusion. A man was broadsided by a police officer. These concentrated synthetic proteins were used for spinal fusion surgery. Allograft (donor bone from a bank) is dead and doesnt produce new bone. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. The SIJ syndrome might have been misdiagnosed before the fusion. 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 overcome hurdles synonym LIVE Your spine has abnormal curvatures because of scoliosis or something like it. There might be harvesting of bone graft, located close to the joint (in the iliac crest). 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. From the first time I spoke to him I felt at ease with him as he seemed more concerned with my well-being before all. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. This is a tragedy that could have been prevented. The FDA reports that the Biomet spinal fusion stimulator has "higher than allowed levels of potential harmful chemicals, which may be toxic to tissues and organs.". Jumping right into a complicated surgery resulted in Patricia never being able to walk again. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. According to the Mayo Clinic, common risks of spinal fusion include: infection poor wound healing bleeding blood clots injury to blood vessels or nerves in and around the spine 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. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. If this happens, the patient will start to feel more pain. Get Veritas Health Newsletters delivered to your inbox. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from $250,000 to $400,000. Registered. As a spinal fusion patient, you are undoubtedly in close contact with your medical professionals and know whether to rule out routine issues that can arise. The defense admitted liability but disputed the injuries. Patients also claim that Medtronics used deceptive marketing to tout the wonders of their product and that its use actually has a very narrow application. These include the cervical spine, the thoracic spine, and the lumbar spine. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. There are a lot of different opinions among equally skilled professionals. Depending on the state you live in, you may need to prove that: If youre pursuing this avenue, a lawyer will want to prove that a reasonable patient would have said no to the procedure. A spinal fusion can result in a lawsuit for a slew of reasons. When spinal fusion surgery fails as a result of medical malpractice, your doctor may be responsible. When it comes to failed spinal fusion surgery, you need a personal injury attorney. All Rights Reserved. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. 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. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. Prior to this approval, titanium cages were implanted to reinforce the spinal column and Medtronics Infuse Bone Grafts were approved with the requirement that certain polyetheretherketone cages be used to reinforce the spinal column during the fusion. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. And your doctors should communicate any alternative treatment options available. These cases are generally due to injury or disease. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. We strongly recommend that, if you are in need of legal advice, you should consult in person with an attorney who is fully aware of your needs. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. If your doctor failed to inform you of the risks or complications, you will need to prove that a reasonable patient would have wanted to be informed and a reasonable doctor would have offered the information. This degeneration is most likely to happen after a two-level fusion (e.g. An inspirational, peaceful, listening experience. This case settled for $2,300,000. And heres a more specific example. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. The defense disputed the womans injury claims. Spinal Fusion Lawsuit. Recovery from spinal surgery takes months. 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. Each patient is evaluated on an individual basis. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. These failed fusions can be caused by hardware failures. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. 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. 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. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. This surgery eliminates movement in that area and is a permanent solution. 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). For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. But there are so many variables that come into play so dont discount your situation without talking to a professional. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. This includes failed spinal fusions, which often lead to lawsuits. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. She alleged that the at-fault drivers negligence caused permanent injuries. Of course, if part of the spine is immobilized, its going to change the way the spine moves. This proved to be a poor choice because childrens bones are still growing. A lawyer can preserve your claim. Are you a patient who underwent a spinal fusion surgery that failed? Yes. Cages have been made of titanium for the most part. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. Thin-slice CT scans have been used to assess the fusion site. Even though you might have chosen the best surgeons, sometimes procedures fail. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. A piece of fractured bone embedded into the protective covering of her spinal cord. 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. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. 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. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. Health officials are concerned that children may be at greater risk of nerve damage, chronic pain, weakness, and other complications due to their smaller size and growing skeleton. Its important to understand that many states have a statute of limitations with personal injury cases. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. Patricia was 56 when she had spinal fusion surgery. One of them sustained nerve damage caused by her surgery. Spinal fusion surgery is only an effective treatment option when motion is the source of pain and the location of the pain in the back is known. Although surgery might not be able to remove the pain, it could be helpful for the condition. The woman sustained cognitive loss and chronic migraines. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. But there are so many variables that come into play so dont discount your situation without talking to a professional. FBSS stands for Failed Back Surgery Syndrome. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. They should tell you about potential spinal fusion complications. Studies show that fusion is almost always possible but symptoms dont always change as a result. A real class act with your best interest at heart! The woman also made a vicarious liability claim against the at-fault drivers employer. Suite 801A Unfortunately, she was injured during the surgery. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. Below is a partial list of the awards and recognition that the attorneys / lawyers at our law firm have been awarded with, as well as a list of professional memberships. Veritas Health, LLC, 520 Lake Cook Road, Suite 350, Deerfield, IL, 60015, Comparison of 2-Level Cervical Artificial Disc vs. 2 Level ACDF, Lumbar Spine Fusion for Degenerative Disc Disease, Postoperative Care for Spinal Fusion Surgery, Back Surgery Video: How Spinal Fusion Stops Back Pain, Failed Back Surgery Syndrome (FBSS): What It Is and How to Avoid Pain after Surgery, Lumbar Decompression Back Surgery Considerations, Scar Tissue and Continued Pain After Back Surgery, Treatment for Failed Back Surgery Syndrome Video, What Causes Buttock Muscle Pain and How to Relieve it, Piriformis Syndrome: When the Symptoms Indicate a Medical Emergency, Massage to Reduce Buttock Muscle Pain from Piriformis Syndrome, Suffering from Lumbar Spinal Stenosis? If a solid fusion is not obtained through the spine surgery, but the hardware is intact and there is still good stability to the spine, the patient may still achieve effective back pain relief with the spine surgery. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. Home; About. Remember that all these statistics are flawed. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. Its likely your doctor had you sign a consent formexplaining that you understood the risks. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. Negligently performing the procedure and/or failing to recognize a complication. 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 . If your complications and pain warrant a lawsuit, your personal injury attorney in Illinois can help you navigate the system. Unfortunately, some spinal fusion surgeries fail. He injured his neck, lower back, and right leg. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. For many, this surgery can bring forth a greater quality of life. The most common lawsuits involved failed devices involved the following legal reasons for liability: The most commonly known failed spinal fusion surgery lawsuit against a manufacturer is the case involving Medtronic. She underwent a two-level cervical fusion and discectomy. For most types of back injuries, there are three escalating levels of potential medical treatment that might be required: The average settlement value of a back-injury claim will increase based on the level of treatment that the plaintiff underwent. A patient may experience recurrent pain many years after a spine fusion surgery. We advise to take all statistics with a grain of salt, because numbers vary a lot. You have chronic lower back pain that requires spinal fusion surgery. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. Each section is made of individual bones called vertebrae. I can speak for personal injury cases in Florida. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. was 56 when she had spinal fusion surgery. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. Nothing on this site should be taken as legal advice for any individual case or situation. If the answer is no, then you may have a case. Free personal injury guides for download to print or save. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. He subsequently underwent three lumbar procedures. 1999-2023 Veritas Health, LLC. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. The next level of treatment in most back-injury cases is epidural steroid injections. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. But of course it depends on the details of your case. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. failed spinal fusion lawsuit. This was added to the public health warning that the injection could cause swelling of the neck and throat tissue, compress the airways and neurological structures of the neck, and result in difficulty swallowing or breathing. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. When external measures like braces and therapy are not enough, surgery is usually required. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. There are many reasons a doctor may suggest a possible spinal fusion surgery, but here are a few: No matter what injury or condition brings you to the doctor, you deserve quality care. That is one in five people. A common reason for a failed fusion is that the patient's spine does not properly fuse. 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. How does the physician diagnose pseudarthrosis? 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. Over 10,000 lawsuits were filed against Medtronic. And, spinal fusion surgery is no different.

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