failed spinal fusion lawsuit failed spinal fusion lawsuit

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. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. 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). These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. 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. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. As the spine moves, the metal hardware that is inside might give in and break. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Given the well-known complications of spinal fusions, your doctor most likely detailed those risks to you in person and had you sign an informed consent sheet before the procedure. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. A spinal fusion is meant to emulate that natural process. If this happens, the patient will start to feel more pain. The metal pieces hold the bones together while it heals. Home; About. When external measures like braces and therapy are not enough, surgery is usually required. Have you been told you need spinal fusion surgery? In this review article, orthopedic spine surgeons from George Washington University Medical School bring us up-to-date on the problem of pseudarthrosis after spinal fusion. 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. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. Most attorneys would just take their cut and run, but Dave did just that with a referral. 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. All rights reserved. These failed fusions can be caused by hardware failures. This proved to be a poor choice because childrens bones are still growing. But there is no average, as the settlement amount I can cite for you. Is Minimally Invasive Spine Surgery Right for You? Obtain Long Term Pain Relief. The man underwent a lumbar fusion and a cervical discectomy. 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. Therefore, spinal hardware (e.g. He injured his neck, lower back, and right leg. Many lawsuits have been filed against manufacturers of these products, including Medtronic. Your email address will not be published. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. 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. There will likely be redness, tenderness, increased pain (at least for the first few weeks), muscle tightness, discharge from the incision site, shaking, fevers and chills. Unfortunately, some spinal fusion surgeries fail. FBSS stands for Failed Back Surgery Syndrome. 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. Overview After any spine surgery, a percentage of patients may still experience pain. 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. 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. 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. Houston SEO | Hyperlinks Media by Hyperlinks Media. 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. The doctor recommended the surgery when it wasnt in the patients best interest. When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. When the shiny newness of the surgery faded, patients began reporting poor recoveries. 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. There isn't a one-size-fits-all method of recovery after a failed first fusion. 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. Free personal injury guides for download to print or save. Each state has a statute of limitations (AKA the time in which to file a legal claim). An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. There are many different reasons to take legal action after a failed spinal fusion. be considered sooner. A jury awarded $1,135,346. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Your surgeon is responsible for medical malpractice with spinal fusion surgery if: In order to prove medical malpractice when it comes to failed spinal fusion surgery, you need to determine whether another reasonably competent surgeon is the same position would make the mistake. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. 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. An inspirational, peaceful, listening experience. And heres a more specific example. Despite the surgery, the womans C5-6 symptoms lingered. She suffered a traumatic brain injury, a neck injury, and a disc herniation. The woman could no longer work. The man underwent multiple procedures. 4,000 claims have already been settled and the rest are predicted to be settled. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. clear, understandable information about muscles, bones and joints. There might be harvesting of bone graft, located close to the joint (in the iliac crest). And just how much motion constitutes a failed fusion remains fuzzy. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. failed spinal fusion lawsuit. These include the cervical spine, the thoracic spine, and the lumbar spine. This case settled for $700,000. David delivered more than expected for me in every way and I would recommend him to anyone. Any text and information on this website is intended for general informational purposes only and does not constitute legal advice from the law office of Schwaner Injury Law. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Common spinal procedures (open lumbar laminectomy and fusion; anterior cervical discectomy and fusion (ACDF); microdiscectomy; and posterior cervical laminectomy and fusion) are a last resort. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. 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 When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. A 52-year-old man was rear-ended. Fusions in the thoracic region, or the middle of the spine, are less common. The surgery was supposed to relieve pain in her neck, arms, and hands. 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. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. JZ helps (a Florida injury law firm). 2603 Augusta Suite 1300 Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. It's 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. 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. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. It generally goes away after a few days or weeks. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. Its very, very important. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. Registered. He used plaster casts to improve curvature of the spine. It is also used in eliminating pain along the spine. But there are so many variables that come into play so dont discount your situation without talking to a professional. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. People sue over failed spinal fusions for a number of legal reasons. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. Jumping right into a complicated surgery resulted in Patricia never being able to walk again. Each section is made of individual bones called vertebrae. 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. 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. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. A common reason for a failed fusion is that the patient's spine does not properly fuse. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. 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. The risk increases when more than one vertebrae level is fused. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. The defense admitted liability but disputed the injuries. Doctors should clearly communicate the risks involved. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Get Veritas Health Newsletters delivered to your inbox. She injured her head, neck, and back. Up to half of patients who received this treatment experienced serious medical complications, which had gone unreported by Medtronic in 13 studies. 2018. They will be more likely to discredit any alleged pain & suffering and devalue the claim. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. Spinal fusion is a surgery that permanently joins bones in the spine. 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 . A 44-year-old woman was involved in a chain-reaction collision. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. A doctor is negligent during the operation. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). You have back pain caused by degenerative disc disease. But for the patient with painful symptoms, if no graft was used in the first procedure, the surgeon may choose to take bone from a donor bank or from the patient and place it around the fusion site. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. Unfortunately, she was injured during the surgery. He alleged that the police officers negligence caused his injuries. Here are some of the complications patients may endure after a spinal fusion surgery: Some of these symptoms may be considered normal, but if theyre severe or dont go away, there may be a problem. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. But of course it depends on the details of your case. The name of this condition is adjacent segment disease. 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. 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. Are there any hidden costs? Theres a lot of debate about what is and what isnt a solid fusion. A life taken away, and family and friends left to pick up the pieces. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. 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. A lawyer can preserve your claim. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. Like Patricia, you deserve to know all potential risks prior to surgery. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. Call us at 800-553-8082 or submit a request for a free consultation. The result? 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. Thats a benefit as the body fills in the fusion site faster. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. (Had they been given the information.) Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. These cases are generally due to injury or disease. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. Unfortunately, Talia didnt make it. The fusion worked great for the first 5-6 months after which the pain returned. In Patricias case, the surgery never should have happened. A man was rear-ended by a truck. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. The SIJ syndrome might have been misdiagnosed before the fusion. For many, this surgery can bring forth a greater quality of life. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. Those changes interfere in judging whether or not the fusion is completed. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. The next level of treatment in most back-injury cases is epidural steroid injections. Hampton & King. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). A reasonable patient would have wanted the information. They awarded the woman $1,051,800. Working with David was a pleasure. There are a lot of different opinions among equally skilled professionals. This website is for informational and advertising purposes only. Risk factors for revision spinal fusion are similar to first-fusion procedures but also include workers compensation status, active lawsuits, use of narcotics before surgery, and neurologic problems present before surgery. 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. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. Spinal injury cases have a very high settlement value. All Rights Reserved. There are two reasons for this. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. But there are so many variables that come into play so dont discount your situation without talking to a professional. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. The surgery is conducted to make the spine stable or straight. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. You have a broken vertebra from a severe injury that needs repair. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery. This case is different from the others because it is a medical malpractice claim. I have had to resign my teaching position and I have no quality of life. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. If you or a loved one are suffering from these devastating effects, we want to help. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. 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. However, if you live in Florida and the incident happened in another state, we may be able to represent you.