Spinal fusion surgery is only an effective treatment option when motion is the source of pain and the location of the pain in the back is known. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. She alleged that the at-fault drivers negligence caused permanent injuries. failed spinal fusion lawsuit failed spinal fusion lawsuit These failed fusions can be caused by hardware failures. However, if you live in Florida and the incident happened in another state, we may be able to represent you. Allograft (donor bone from a bank) is dead and doesnt produce new bone. Many lawsuits have been filed against manufacturers of these products, including Medtronic. After the fusion, the mechanical work load may have increased. This site is for educational purposes only; no information is intended or implied to be a substitute for professional medical advice. There are so many factors including the severity of the injury, the cost of medical treatment, the length of disability, the state laws governing workers compensation, and the insurers policies that average settlement statistics really are useless to you. 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. 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. Each state has a statute of limitations (AKA the time in which to file a legal claim). There hasnt been much published yet on results of this technique. 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 she was also in pain. And your doctors should communicate any alternative treatment options available. 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. The jury found the at-fault driver 100 percent liable. Failed Spinal Fusion Surgery | Spine-health The surgery was supposed to relieve pain in her neck, arms, and hands. If you or a loved one are suffering from these devastating effects, we want to help. Registered. The womens symptoms failed to resolve. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. 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. The risk increases when more than one vertebrae level is fused. A spinal fusion is meant to emulate that natural process. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. Talias doctor didnt give her case the proper time and attention it needed. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? She then underwent a two-level cervical fusion. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. And research is ongoing in an attempt to find bone graft substitutes. 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. This degeneration is most likely to happen after a two-level fusion (e.g. When it comes to failed spinal fusion surgery, you need a personal injury attorney. A 44-year-old woman was involved in a chain-reaction collision. 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. Spinal injury settlements can help you recover lost income, medical expenses and more. 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. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. He argued that the man excessively sped and failed to observe his vehicle. That is one in five people. What to do after a Failed Spinal Fusion Surgery? | Dr. Sinicropoi Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. Many lawsuits have been filed against manufacturers of these products, including Medtronic. He subsequently underwent three lumbar procedures. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, injury to blood vessels or nerves in and around the spine, pain at the site from which a bone graft is taken, and. 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. Every surgical procedures carries some risk, and of course your doctor cant predict everything. 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. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. The result? Spinal Fusion Lawsuit | Medical Malpractice Lawyer But there are so many variables that come into play so dont discount your situation without talking to a professional. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. A life taken away, and family and friends left to pick up the pieces. The third and highest level of treatment in back cases is usually spinal fusion surgery. Yes. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. A spinal fusion can result in a lawsuit for a slew of reasons. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. 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 possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. Recovery from spinal surgery takes months. This is very true in back injury cases involving spinal fusion surgery. Remember that all these statistics are flawed. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and 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. Next Page: (Had they been given the information.) Most attorneys would just take their cut and run, but Dave did just that with a referral. They have an average settlement value of over $1,000,000 in many states, and a median settlement value of over $1,000,000 as well. Spinal Fusion Settlements and Lawsuits (Cervical and Lumbar) Thats a benefit as the body fills in the fusion site faster. Call us at 800-553-8082 or submit a request for a free consultation. Are there any hidden costs? Some of the decision depends on how the first fusion was done and the location (neck or low back). Patients also claim that Medtronics used deceptive marketing to tout the wonders of their product and that its use actually has a very narrow application. Once this is complete, the surgeon will close the incision. 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. I understand that submitting this form does not create an attorney-client relationship. Doctors should clearly communicate the risks involved. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer David delivered more than expected for me in every way and I would recommend him to anyone. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. There are now also synthetic materials to encourage bone growth. It depends on a number of things. 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. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. 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. Finally, how well does it work to try a different approach when treating failed fusions? Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery Cages have been made of titanium for the most part. The woman underwent chiropractic care, massage therapy, and spinal injections. This is a tragedy that could have been prevented. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. 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. More treatment equals more damages. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. After the incision is made, bone graft is prepared. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. Rods, screws or metal plates may also be implanted to stabilize the area. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). I can speak for personal injury cases in Florida. To make matters even more unfortunate, the device was used on children. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. The woman could no longer work. Biomet spinal fusion stimulator side effects may also include chronic . Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. Especially if theyre suffering from a herniated disk or spinal stenosis. It can occur without symptoms so the patient doesnt even know he or she has it. Injuries, risks and complications after failed spinal fusions, Existing litigation for spinal fusion medical devices, FDA actions regarding spinal fusion medical devices, What to do if your spinal fusion is causing issues. The pain is usually caused by the nerve roots that need to heal. A jury awarded $1,135,346. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery. We strongly recommend that, if you are in need of legal advice, you should consult in person with an attorney who is fully aware of your needs. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. When the shiny newness of the surgery faded, patients began reporting poor recoveries. 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. But every situation is different, and thats why its important to speak with an attorney. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. 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. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. David delivered more than expected for me in every way and I would recommend him to anyone. He alleged that the police officers negligence caused his injuries. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. See more on that below. 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. They should tell you about potential spinal fusion complications. There are advantages and disadvantages for each choice. The man underwent a lumbar fusion and a cervical discectomy. They awarded the woman $1,051,800. If your complications and pain warrant a lawsuit, your personal injury attorney in Illinois can help you navigate the system. Or tingling sensation, weakness, or numbness. Schwaner Injury Law is committed to helping individuals and families with personal injury cases throughout Illinois and are proud to service the following cities: Chicago, Chicago Heights, Aurora, Schaumburg, Palatine, Skokie, Tinley Park, Mount Prospect, Arlington Heights, Des Plaines, Oak Park, Downers Grove, Elmhurst, Lombard, Buffalo Grove, Bartlett, Streamwood, Carol Stream, Park Ridge, Addison, Northbrook. The man alleged that the truck drivers negligence caused his injuries. 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. Yes. 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. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. Like Patricia, you deserve to know all potential risks prior to surgery. 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. Spinal fusions can be performed from the posterior (back) or anterior (front). If your claim is that your doctor failed to fully warn you of all the risks of a spinal fusion (called "lack of informed consent"), depending on your state you will either need to prove that a reasonable patient would have wanted the missing information or that a reasonable doctor would have included the information. There can be other causes of failed spinal fusion such as the hardware coming loose or infection and poor wound healing, but pseudarthrosis accounts for almost one-fourth of all revision fusion surgeries. Financial compensation may include coverage for: Additionally, the families of patients who die as a result of failed spinal fusion surgery may be entitled to wrongful death compensation. 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. Spinal Fusion Malpractice Lawsuit Filed Over Use of Medtronic Infuse You have chronic lower back pain that requires spinal fusion surgery. You can find more information on that below. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. How many attorneys would tell a potential client that the client could do just as well without an attorney? 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 widespread are: It depends on a number of things. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. Lawsuits suggest that hundreds of individuals may have undergone spinal fusion surgery in recent years where fraudulent or counterfeit parts could have been implanted in their bodies,. They allege that the company incentivised medical professionals to use their product, the Infuse. You may also have a case if the surgeon failed to inform you of potential risks of the procedure.