Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Working with David was a pleasure. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. If you need to consult with an attorney please consult with an attorney who practices in your area or in the area where the investigation is pending, or arrest was made. And it varies widely from state to state as well. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. Failing to fully inform you of all the risks before performing the procedure. As time passes and the patients back begins to heal, he/she may start being more active. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. This can make botched spinal fusion lawsuits harder to win. Very often, a form of tuberculosis emerged in a patients vertebrae. I can speak for personal injury cases in Florida. 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. This can make botched spinal fusion lawsuits harder to win. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. The surgery is conducted to make the spine stable or straight. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. What can the surgeon do for this problem? It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. He is a Texas defective product lawyer & medical negligence . To make matters even more unfortunate, the device was used on children. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. 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 article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. Your email address will not be published. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. 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. Surgery may be able to fix the condition but not eliminate the pain. She alleged that the at-fault drivers negligence caused permanent injuries. As the spine moves, the metal hardware that is inside might give in and break. 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. Every surgical procedures carries some risk, and of course your doctor cant predict everything. A man was rear-ended by a truck. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. 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. All Rights Reserved. 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. 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. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. A doctor is negligent during the operation. The procedure is used to stabilize, straighten or reduce pain in the spine. Theres a lot of debate about what is and what isnt a solid fusion. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. A real class act with your best interest at heart! Each vertebrae is made up of several parts. This includes failed spinal fusions, which often lead to lawsuits. She was smart, beautiful, and had a special artistic ability. Fusions in the thoracic region, or the middle of the spine, are less common. 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. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. 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. 2018. 2019 Ted Fund Donors In recent years, a flurry of lawsuits have been filed against a company called Medtronic. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. Nothing on this site should be taken as legal advice for any individual case or situation. A 52-year-old man was rear-ended. The jury found the at-fault driver 100 percent liable. But keep in mind this is not like looking at the average price of West Texas crude oil. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. 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. Overview After any spine surgery, a percentage of patients may still experience pain. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); -10 Best In Client Satisfaction: American Institute of Personal Injury Attorneys, David Delivered More than Expected for Me in Every Way. 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. He subsequently underwent three lumbar procedures. Or ache which starts from a certain area and moves to another. Aching at a new location, different from the surgery site. 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). One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. These include the cervical spine, the thoracic spine, and the lumbar spine. Registered. The next level of treatment in most back-injury cases is epidural steroid injections. 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. 950 Infuse Bone Graft Lawsuits Settled for $22 Million, 1,000 Patients file Medtronic Infuse Bone Graft Lawsuits, Cardiff Anterior Cervical Plate System Lawsuit, Medtronic Infuse No Better than Bone Graft, Higher Risks, Medtronic Infuse Bone Graft Lawsuit Filed in Virginia, Lawdragon Top 500 Leading Lawyers in America. But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. He argued that the man excessively sped and failed to observe his vehicle. Patricia was 56 when she had spinal fusion surgery. 2603 Augusta Suite 1300 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. 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. 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. 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. The surgeon was negligent while performing surgery, A surgical implant was marketed as safe and effective when the manufacturer knew it wasnt (see Medtronics Infuse Bone Graft, below, which describes what happened when this injection was marketed for conditions the FDA had not approved), A surgical implants defects were related to its design, marketing or manufacture, The manufacturer knew or should have known about the defects, The manufacturer failed to warn patients about the implants defects and potential harm, Broken or defective spinal implants, such as pedicle screws, Injury to surrounding tissues and blood vessels. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. There are a lot of different opinions among equally skilled professionals. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. She alleged that the at-fault drivers negligent tailgating caused her injuries. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. I have had to resign my teaching position and I have no quality of life. 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. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. JZ helps (a Florida injury law firm). But newer implants made of plastic or porous tantalum are being tried in hopes that fusion rates can be improved with better bone in-growth. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). The contact form sends information by non-encrypted email, which is not secure. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. Two women underwent spinal fusions performed by the same surgeon. Start here to find personal injury lawyers near you. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. 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. be considered sooner. In fusions, metal rods and screws are used to anchor the spine in place while . It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. This is very true in back injury cases involving spinal fusion surgery. Jumping right into a complicated surgery resulted in Patricia never being able to walk again. A spinal fusion can result in a lawsuit for a slew of reasons. 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. And just how much motion constitutes a failed fusion remains fuzzy. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? The surgery was supposed to relieve pain in her neck, arms, and hands. David delivered more than expected for me in every way and I would recommend him to anyone. Once these are removed, they are replaced with metal devices that stabilize the spine. 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. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? The purpose is to straighten the spine or reduce pain. And your doctors should communicate any alternative treatment options available. These failed fusions can be caused by hardware failures. You have back pain caused by degenerative disc disease. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. The renter purchased coverage when he or she rented the car. Copyright 2020 The Schmidt Firm, PLLC. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. 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. 4,000 claims have already been settled and the rest are predicted to be settled. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. Some of the most common injuries, risks, and complications that arise with spinal fusion surgery include: The spine is generally described as being divided into three major sections. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. These cases are generally due to injury or disease. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. Like Patricia, you deserve to know all potential risks prior to surgery. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. 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. If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. How does the physician diagnose pseudarthrosis? Working with David was a pleasure. Spinal injury cases have a very high settlement value. 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. 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. 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. And heres a more specific example. I would not say that. 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. Therefore, spinal hardware (e.g. There isnt a one-size-fits-all method of recovery after a failed first fusion. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. 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. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. Constant pain which does not occur during the healing process. 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. Court of Appeals, 5th Dist. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. He injured his neck, lower back, and right leg. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. A common reason for a failed fusion is that the patient's spine does not properly fuse. 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. Products commercially available that have been approved for use are showing some improved results in early studies but there are reported side effects with cervical fusion (e.g., neck swelling, difficulty swallowing) that have raised some concern. Three of the most common reasons include: The doctor failed to recognize or handle a complication that arose during the spinal fusion procedure; The surgery was not indicated; and Less invasive options were never presented and/or attempted. Rods, screws or metal plates may also be implanted to stabilize the area. You have a right to hold guilty people liable for your suffering. Hampton & King. The woman sustained cognitive loss and chronic migraines. The woman underwent a cervical discectomy and fusion. It generally goes away after a few days or weeks. The at-fault driver denied liability. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. Spinal Fusion Lawsuit. If the spinal fusion is not successful the patient may feel back or leg pain, for example. This could be from a car accident, a slip and fall accident, or a construction accident. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. The FDA issued a public health warning in 2008 regarding Medtronics Infuse Bone Grafts for use in cervical fusions, as the injection caused swelling of neck and throat tissue; compression of the airway and neurological structures in the neck; and difficulty swallowing and breathing. Finally, how well does it work to try a different approach when treating failed fusions? Studies show that fusion is almost always possible but symptoms dont always change as a result. We only represent people for injury or death that happened in Florida (or on a cruise). Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 fusion surgery. The woman also made a vicarious liability claim against the at-fault drivers employer. 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. For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. 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. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. There are deformities in your spine that you need to repair. A common reason for a failed fusion is that the patient's spine does not properly fuse. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. Nevertheless, some people may feel pain in their leg after a lumbar decompression operation. 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. Thin-slice CT scans have been used to assess the fusion site. 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. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. Therefore, spinal hardware (e.g. Minor back injuries that only require pain medications and physical therapy have a relatively low value. These failed fusions can be caused by hardware failures. The womens symptoms failed to resolve. Patients should think very hard about whether they want to proceed, because spinal fusions are permanent. This surgery eliminates movement in that area and is a permanent solution. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. The fusion worked great for the first 5-6 months after which the pain returned. A reasonable patient would have wanted the information. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value.