How much money can you get from a spinal fusion surgery lawsuit or settlement? It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. Metal failure (also called hardware failure, implant failure), especially early in the postoperative course after back surgery, is an indicator of continued gross spinal instability. Of course, if part of the spine is immobilized, its going to change the way the spine moves. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. This website is for informational and advertising purposes only. Dr. Russell Hibbs, the surgeon-in-chief at New York Orthopedic Hospital, opened a clinic devoted to tuberculosis patients and began performing spinal fusions to treat these deformities. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. The sooner you talk to an attorney about your case, the better they can preserve your claim if they feel you have legal reasons for a lawsuit. Patients at Risk for Biomet Spinal Fusion Stimulator Side Effects 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. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. 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. 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. Really top notch attorney, and law firm. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. 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? Can I Sue for Failed Spinal Fusion Surgery? They should tell you about potential spinal fusion complications. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. Factors influencing the average settlement for spinal fusion lawsuits include: If you think that you have a case based on the circumstances discussed in this article, contact our office by filling out a brief online form. I can speak for personal injury cases in Florida. Patients should think very hard about whether they want to proceed, because spinal fusions are permanent. As time passes and the patients back begins to heal, he/she may start being more active. You have a right to hold guilty people liable for your suffering. Your email address will not be published. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. Talias doctor didnt give her case the proper time and attention it needed. 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. (Had they been given the information.) When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. failed spinal fusion lawsuit failed spinal fusion lawsuit They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. Even though you might have chosen the best surgeons, sometimes procedures fail. It is much less likely to happen if only the L5-S1 level is fused, as this segment typically does not have much motion and fusing this level does not change the mechanics in the spine all that much. A spinal fusion is meant to emulate that natural process. This is a tragedy that could have been prevented. 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. This website also references past case results from this firm, those are only a representation of our work and not a guarantee of a similar result for your case, or any case. A Missouri woman has joined a growing number of individuals throughout the country who are pursuing a lawsuit over the Medtronic Infuse Bone Graft and LT-Cage, alleging that the spinal fusion. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. There are advantages and disadvantages for each choice. failed spinal fusion lawsuit - homelessnest.org I would not say that. This could be from a car accident, a slip and fall accident, or a construction accident. She was smart, beautiful, and had a special artistic ability. This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. Cardiff ACP System complications can include: The Schmidt Firm, PLLC has been recognized as one of the nations leading plaintiffs' law firms and handles cases in all 50 states. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. The defense disputed the womans injury claims. Spinal injury settlements can help you recover lost income, medical expenses and more. So, whos at risk for pseudarthrosis? A jury awarded the man $4,375,018. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. Spinal fusion is a surgery that permanently joins bones in the spine ("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. 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. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. In 2015, the FDA approved their use for lumbar procedures. 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. But if something about your care seems questionable, seek the help of an experienced legal professional. But little did she know, that her surgeon. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. The man underwent a lumbar fusion and a cervical discectomy. They were told that these procedures were necessary. And heres a more specific example. 2019 Ted Fund Donors Many lawsuits have been filed against manufacturers of these products, including Medtronic. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). 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. The SIJ syndrome might have been misdiagnosed before the fusion. 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. 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. The second reason spinal fusion surgery significantly increases the value of a back-injury case is that it validates the plaintiffs injury and pain & suffering claim. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. But there are so many variables that come into play so dont discount your situation without talking to a professional. There are three things to consider if you think youre a victim. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. A common reason for a failed fusion is that the patient's spine does not properly fuse. They included a revision fusion, a decompression, and a laminectomy. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. They will gather all the information you need for a successful outcome. Spinal Fusions: Complications and Lawsuits - Enjuris Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. Simply because you signed the sheet does not mean you will lose your informed consent case, but it does make winning harder. David delivered more than expected for me in every way and I would recommend him to anyone. She alleged that the at-fault drivers negligent tailgating caused her injuries. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. 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). 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. 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. 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. The police officer denied liability. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. The renter purchased coverage when he or she rented the car. Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. This is very true in back injury cases involving spinal fusion surgery. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. He is genuine and really does care about his clients' well-being. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. A real class act with your best interest at heart! Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. 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. Spinal Fusion Lawsuit - The Schmidt Firm, PLLC | A National Law Firm Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. Have you been told you need spinal fusion surgery? When Spinal Fusion Fails: What's Next? - eOrthopod.com Registered. Often this is linked to that persons occupation or posture; however, sometimes it is because of a structural defect in the spinal column that must be corrected for pain to recede. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Failed SI Joint Fusion - Colorado Spine Surgeon When the shiny newness of the surgery faded, patients began reporting poor recoveries. How does the physician diagnose pseudarthrosis? clear, understandable information about muscles, bones and joints. This degeneration is most likely to happen after a two-level fusion (e.g. Or a reasonable doctor would have given the information. Or tingling sensation, weakness, or numbness. In 2015, the FDA updated their original 2008 warning that the Medtronic Infuse Bone Grafts can cause excess bone growth and crowd organs in children. But of course it depends on the details of your case. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. The most common lawsuits involved failed devices involved the following legal reasons for liability: Surgical implant defect was a result of poor design, marketing, or manufacturing The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. He is a Texas defective product lawyer & medical negligence . Spinal Fusion Lawsuits and Settlement Guide - Schwaner Injury Law degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. If you or a loved one are suffering from these devastating effects, we want to help. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. 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. She suffered a traumatic brain injury, a neck injury, and a disc herniation. The jury found the at-fault driver 100 percent liable. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. Nothing on this site should be taken as legal advice for any individual case or situation. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. Like Patricia, you deserve to know all potential risks prior to surgery. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. And it varies widely from state to state as well. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. He used plaster casts to improve curvature of the spine. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. The potential risks of Medtronics Infuse Bone Grafts included: Unfortunately, up to half the patients treated with Medtronics device ended up with serious medical complications. Doctors should clearly communicate the risks involved. 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. And heres a more specific example. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. 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. Copyright 2020 The Schmidt Firm, PLLC. The doctor failed to recognize a complication during the procedure. Or ache which starts from a certain area and moves to another. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. 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. As the spine moves, the metal hardware that is inside might give in and break. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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 injury settlements can help you recover lost income, medical expenses and more. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. DePuy ASR Hip Replacement Surgery Lawsuit and Settlement Guide, Most Common Spinal Fusion Complications, Risks, and Injuries, The Anatomy of the Spine and How It Is Affected by Spinal Fusion Surgery Failure, Common Causes of Failed Spinal Fusion Surgery.