You have chronic lower back pain that requires spinal fusion surgery. failed spinal fusion lawsuit failed spinal fusion lawsuit However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. That is one in five people. And just how much motion constitutes a failed fusion remains fuzzy. Ready to inquire about a spinal fusion lawsuit? If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. 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. 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. Failed Spinal Fusion Surgery | Spine-health Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. was 56 when she had spinal fusion surgery. This case settled for $700,000. The third and highest level of treatment in back cases is usually spinal fusion surgery. 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. 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. The man underwent cervical and lumbar fusions. 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. Spinal Fusion Lawsuits and Settlement Guide - Schwaner Injury Law Get Veritas Health Newsletters delivered to your inbox. What can the surgeon do for this problem? Would a reasonably skilled surgeon in the same position have made the same mistake? 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. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. There might be harvesting of bone graft, located close to the joint (in the iliac crest). If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. ", 111 N Wabash Avenue Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. 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. Spinal Fusion Patients May Have Received Fake Medical Screws, Lawsuits Some of the decision depends on how the first fusion was done and the location (neck or low back). If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. A woman was rear-ended on an exit ramp. Therefore, spinal hardware (e.g. These cases are generally due to injury or disease. You have a broken vertebra from a severe injury that needs repair. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. 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. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. All Rights Reserved. Past Florida jury verdicts generally put the full value pain and suffering value of a single level fusion surgery at $250,000 to $400,000. 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 . This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. 2603 Augusta Suite 1300 One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. How much money can you get from a spinal fusion surgery lawsuit or settlement? Surgery may be able to fix the condition but not eliminate the pain. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. Spinal fusions can be performed from the posterior (back) or anterior (front). This fusing process is designed to eliminate chronic pain caused when the bones move and independently. The name of this condition is adjacent segment disease. 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. 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. When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. She then underwent a two-level cervical fusion. Back Surgery Lawyers Near Me | Back Surgeon and Back Surgery Types A 44-year-old woman was involved in a chain-reaction collision. 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. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. Minor back injuries that only require pain medications and physical therapy have a relatively low value. Nowadays, surgery is a lot better than it used to be, say, 20 years ago. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. 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. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. 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. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery Surgery increases the full value of a personal injury case, car accident in Florida while visiting from another state, Hit by a car or truck while youre on a motorcycle, factors that can affect the value of an injury case, his or her percentage of fault reduces the compensation that is owed, Excellent paying insurance company like Nationwide, Palm Beach County jury awarded a Chipotle customer $1,351,361.54, loss of capacity for the enjoyment of life, State Farm Mutual Automobile Insurance Company v. Harmon, Fla: Dist. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Yes. 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. Talias doctor didnt give her case the proper time and attention it needed. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. This could be from a car accident, a slip and fall accident, or a construction accident. Up to half of patients who received this treatment experienced serious medical complications, which had gone unreported by Medtronic in 13 studies. 1999-2023 Veritas Health, LLC. Spinal Fusion Lawsuit - The Schmidt Firm, PLLC | A National Law Firm Spinal injury cases have a very high settlement value. If your complications and pain warrant a lawsuit, your personal injury attorney in Illinois can help you navigate the system. If you or a loved one are suffering from these devastating effects, we want to help. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. People sue over failed spinal fusions for a number of legal reasons. Its very, very important. 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 fusing process is designed to eliminate chronic pain caused when the bones move and independently. Spinal Fusion Settlements and Lawsuits (Cervical and Lumbar) Houston, TX 77057, The information on this website is for general information purposes only. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. 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. The patient was not a good candidate for the surgery in the first place. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. So, whos at risk for pseudarthrosis? There are two reasons for this. But there are so many variables that come into play so dont discount your situation without talking to a professional. Most attorneys would just take their cut and run, but Dave did just that with a referral. Constant pain which does not occur during the healing process. Theres a lot of debate about what is and what isnt a solid fusion. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. Start here to find personal injury lawyers near you. The result? After the fusion, the mechanical work load may have increased. If this happens, the patient will start to feel more pain. There are a lot of different opinions among equally skilled professionals. 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. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. Read more about Enjuris. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. What to do after a Failed Spinal Fusion Surgery? | Dr. Sinicropoi This proved to be a poor choice because childrens bones are still growing. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. Obtain Long Term Pain Relief. At only 23 years old, Talia had an extremely bright future ahead of her. 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. He argued that the man excessively sped and failed to observe his vehicle. The metal pieces hold the bones together while it heals. Two women underwent spinal fusions performed by the same surgeon. There are deformities in your spine that you need to repair. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. As time passes and the patients back begins to heal, he/she may start being more active. A real class act with your best interest at heart! But little did she know, that her surgeon. 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. Each patient is evaluated on an individual basis. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. FBSS stands for Failed Back Surgery Syndrome. 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. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. In Patricias case, the surgery never should have happened. But she was also in pain. Failed Spinal Surgery Lawyer & Failed Back Surgery Lawyer - Texas Lawyers The pain is usually caused by the nerve roots that need to heal. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. If the answer is no, then you may have a case. Spinal fusion surgery is used to treat many accident-related back injuries, including: As a general rule, in personal injury cases, all surgery greatly increases the potential settlement value of the plaintiffs injuries. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. 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. 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. 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. She alleged that the at-fault drivers negligence caused permanent injuries. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. This surgery eliminates movement in that area and is a permanent solution. Our Maryland personal injury lawyers see a lot of back injuries and we have seen first-hand how spinal fusion surgery can double or triple the settlement value of these cases. 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. They tend to have a good chance of being over $1,000,000. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. 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. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. Is Minimally Invasive Spine Surgery Right for You? She was smart, beautiful, and had a special artistic ability. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Many lawsuits have been filed against manufacturers of these products, including Medtronic. 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. 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. Many lawsuits have been filed against manufacturers of these products, including Medtronic. But keep in mind this is not like looking at the average price of West Texas crude oil. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. Over 10,000 lawsuits were filed against Medtronic. Each section is made of individual bones called vertebrae. This includes failed spinal fusions, which often lead to lawsuits. 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. After the incision is made, bone graft is prepared. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. A lawyer can preserve your claim. The contact form sends information by non-encrypted email, which is not secure. The surgery was supposed to relieve pain in her neck, arms, and hands. 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. 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. And it varies widely from state to state as well. accelerated wear and tear on remaining vertebrae and possible chronic pain. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. These failed fusions can be caused by hardware failures. He alleged that the police officers negligence caused his injuries. Jumping right into a complicated surgery resulted in Patricia never being able to walk again. Not only is David knowledgeable and a gifted attorney, hes a very sympathetic individual who takes the time to get to know you and your situation. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. 4,000 claims have already been settled and the rest are predicted to be settled. *. 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. Your email address will not be published. However, there have been a number of successful medical malpractice cases stemming from spinal fusions that should not have been recommended in the first place. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. More treatment equals more damages. 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. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. 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. 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. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. She alleged that the at-fault drivers negligent tailgating caused her injuries. 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. This is taken either from the patients pelvic region or from a cadaver. This material is inserted between vertebrae and is meant to fuse them together. A jury awarded $1,135,346. Every surgical procedures carries some risk, and of course your doctor cant predict everything. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. And he didnt thoroughly consider her medical history. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. She underwent a two-level cervical fusion and discectomy. A spinal fusion is a major surgery. What's the Average Settlement for Spinal Fusion Surgery? Its use is still in the experimental phase. Very often, a form of tuberculosis emerged in a patients vertebrae. Click here to read more. The range of injuries that can arise after a failed spinal fusion is quite large, because not only do these procedures operate directly on the spine, but the area in question is close to the spinal cord. 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. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. 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. Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. The most widespread are: It depends on a number of things. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. Court of Appeals, 5th Dist. 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. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. Especially if theyre suffering from a herniated disk or spinal stenosis. These concentrated synthetic proteins were used for spinal fusion surgery. When the failure is on the part of the manufacturer (for example, a medical device company that offers a troublesome product), this is called products liability or defective products. One of them, as noted by two plaintiffs in a class action lawsuit against Medtronic and its subsidiaries, is heterotopic bone growth or bone growth outside of the skeleton. 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. Or tingling sensation, weakness, or numbness. I understand that submitting this form does not create an attorney-client relationship. There isn't a one-size-fits-all method of recovery after a failed first fusion. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. He subsequently underwent three lumbar procedures. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. Finding the best attorney to represent you, Personal injury vs. workers compensation, Food and Drug Administration approved Medtronics Infuse Bone Grafts, gone unreported by Medtronic in 13 studies, medical malpractice claims for unnecessary surgeries, Jules Guerin conducted the first fusions for patients with scoliosis, Spinal interventions became very necessary in the 1900s, Tips on finding a qualified personal injury attorney - where to look, Choosing a personal injury attorney interview questions. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. Failed Spinal Fusion Symptoms & Treatments - BSSNY Aching at a new location, different from the surgery site. Have you been told you need spinal fusion surgery? failed spinal fusion lawsuit. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. Are you experiencing any of these symptoms? The fusion worked great for the first 5-6 months after which the pain returned. Can I Sue for Failed Spinal Fusion Surgery? Spinal implants may be temporary or permanent. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. The woman underwent a cervical discectomy and fusion. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. David delivered more than expected for me in every way and I would recommend him to anyone. But there are so many variables that come into play so dont discount your situation without talking to a professional. When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. And research is ongoing in an attempt to find bone graft substitutes. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. However, if you live in Florida and the incident happened in another state, we may be able to represent you.

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