failed spinal fusion lawsuit

failed spinal fusion lawsuit

And heres a more specific example. Recovery from spinal surgery takes months. 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. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. A common reason for a failed fusion is that the patient's spine does not properly fuse. 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. A settlement for $1,250,000 was reached before trial. The at-fault driver denied liability. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Some of the decision depends on how the first fusion was done and the location (neck or low back). 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. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. accelerated wear and tear on remaining vertebrae and possible chronic pain. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. A real class act with your best interest at heart! Doctors should clearly communicate the risks involved. When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. These failed fusions can be caused by hardware failures. 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. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. Keep reading to learn more! The man underwent a lumbar fusion and a cervical discectomy. The attorney listings on this site are paid attorney advertising. If you think that you have a case based on the circumstances discussed in this article. A 52-year-old man was rear-ended. The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. Did something seem off about your experience? When external measures like braces and therapy are not enough, surgery is usually required. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. If so, dont hesitate to contact our office. 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. But, lets say the cause of the unsuccessful surgery is negligence. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. 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. 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. Doctors should clearly communicate the risks involved. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. Surgery may be able to fix the condition but not eliminate the pain. clear, understandable information about muscles, bones and joints. The womens symptoms failed to resolve. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? This fusing process is designed to eliminate chronic pain caused when the bones move and independently. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. The doctor failed to recognize a complication during the procedure. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). Finally, how well does it work to try a different approach when treating failed fusions? Suite 801A 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. 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. David delivered more than expected for me in every way and I would recommend him to anyone. And your doctors should communicate any alternative treatment options available. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. 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. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. 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. When the shiny newness of the surgery faded, patients began reporting poor recoveries. Symptoms Surgeons tried many methods, such as lateral pressure on body casts, wrapping wires around the spinal column for stability (some doctors used celluloid bars, steel or silk wiring). There are many reasons spinal fusion surgeries fail. The SIJ syndrome might have been misdiagnosed before the fusion. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. 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. A man was rear-ended by a truck. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). 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. These failed fusions can be caused by hardware failures. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. 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. The most widespread are: It depends on a number of things. There hasnt been much published yet on results of this technique. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. 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 jury awarded a payout of $12,790,000. These failed fusions can be caused by hardware failures. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. Spinal fusions can be performed from the posterior (back) or anterior (front). Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. And research is ongoing in an attempt to find bone graft substitutes. Dr. Russell Hibbs, the surgeon-in-chief at New York Orthopedic Hospital, opened a clinic devoted to tuberculosis patients and began performing spinal fusions to treat these deformities. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. Many lawsuits have been filed against manufacturers of these products, including Medtronic. This material is inserted between vertebrae and is meant to fuse them together. This surgery eliminates movement in that area and is a permanent solution. 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. He alleged that the police officers negligence caused his injuries. If there are no symptoms, then it might warrant a wait-and-see approach. Therefore, spinal hardware (e.g. Get Veritas Health Newsletters delivered to your inbox. Veritas Health, LLC, 520 Lake Cook Road, Suite 350, Deerfield, IL, 60015, Comparison of 2-Level Cervical Artificial Disc vs. 2 Level ACDF, Lumbar Spine Fusion for Degenerative Disc Disease, Postoperative Care for Spinal Fusion Surgery, Back Surgery Video: How Spinal Fusion Stops Back Pain, Failed Back Surgery Syndrome (FBSS): What It Is and How to Avoid Pain after Surgery, Lumbar Decompression Back Surgery Considerations, Scar Tissue and Continued Pain After Back Surgery, Treatment for Failed Back Surgery Syndrome Video, What Causes Buttock Muscle Pain and How to Relieve it, Piriformis Syndrome: When the Symptoms Indicate a Medical Emergency, Massage to Reduce Buttock Muscle Pain from Piriformis Syndrome, Suffering from Lumbar Spinal Stenosis? 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. Registered. FBSS stands for Failed Back Surgery Syndrome. 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 a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. 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. If you or someone you love had a failed spinal fusion surgery that was a result of medical malpractice or manufacturer negligence, contact a personal injury attorney to ensure you get the financial compensation you deserve. Like we covered earlier, it varies from state to state, and a lot. A real class act with your best interest at heart! The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. As the spine moves, the metal hardware that is inside might give in and break. The woman underwent chiropractic care, massage therapy, and spinal injections. Rods, screws or metal plates may also be implanted to stabilize the area. Working with David was a pleasure. Complications with the spine hardware. There isnt a one-size-fits-all method of recovery after a failed first fusion. Sadly, Patricia became paralyzed. This proved to be a bad choice because childrens bones are still growing. JZ helps (a Florida injury law firm). Would a reasonably skilled surgeon in the same position have made the same mistake? We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. Each vertebrae is made up of several parts. 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. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. Are you experiencing any of these symptoms? There are three things to consider if you think youre a victim. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. Ted's Bio; Fact Sheet; Hoja Informativa Del Ted Fund; Ted Fund Board 2021-22; 2021 Ted Fund Donors; Ted Fund Donors Over the Years. If the spinal fusion is not successful the patient may feel back or leg pain, for example. 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. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. Like Patricia, you deserve to know all potential risks prior to surgery. When the fusion is for back pain and/or spinal instability, there is a correlation (although weak) between obtaining a solid fusion and having a better result of the spine surgery. Once you are past that window of time, you can no longer file. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. This could be from a car accident, a slip and fall accident, or a construction accident. Simply because you signed the sheet does not mean you will lose your informed consent case, but it does make winning harder. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. Talias doctor didnt give her case the proper time and attention it needed. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. 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 is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. 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. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. Injections can cause excess bone growth and crowd organs. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. Nerve damage that is either temporary or permanent. 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. She then underwent a two-level cervical fusion. Once this is complete, the surgeon will close the incision. How much money can you get from a spinal fusion surgery lawsuit or settlement? Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. Or tingling sensation, weakness, or numbness. Spinal injury cases have a very high settlement value. She was smart, beautiful, and had a special artistic ability. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". A spinal fusion can result in a lawsuit for a slew of reasons. 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. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Biomet spinal fusion stimulator side effects may also include chronic . Poor surgical technique. We only represent people for injury or death that happened in Florida (or on a cruise). They tend to have a good chance of being over $1,000,000. The jury found the at-fault driver 100 percent liable. 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. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. A woman was rear-ended on an exit ramp. The renter purchased coverage when he or she rented the car. 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. Perhaps you will no longer be able to turn your neck or your lower back no longer bends. The risk increases when more than one vertebrae level is fused. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. Your spine has abnormal curvatures because of scoliosis or something like it. Not enough study has been done to clear up any questions about these modalities. He subsequently underwent three lumbar procedures. FBSS stands for Failed Back Surgery Syndrome. This includes failed spinal fusions, which often lead to lawsuits. According to the Mayo Clinic, common risks of spinal fusion include: infection poor wound healing bleeding blood clots injury to blood vessels or nerves in and around the spine He is a Texas defective product lawyer & medical negligence . The surgery is conducted to make the spine stable or straight. Click here to read more. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. Its likely your doctor had you sign a consent formexplaining that you understood the risks. Houston, TX 77057, The information on this website is for general information purposes only. Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. 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. If you or a family member have been the victim of a failed spinal cord surgery including a defective neurostimulation implant, please feel free to submit an inquiry or send an e-mail to Texas failed back surgery lawyer and defective implantable neurostimulation lawyer Jason Coomer. Cages have been made of titanium for the most part. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. 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. Two women underwent spinal fusions performed by the same surgeon. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. Sadly, Patricia became paralyzed. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Spinal Fusion Lawsuit. Dynamic means the X-rays are taken as the patient is moving. Have you been told you need spinal fusion surgery? He injured his neck, lower back, and right leg. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. It is much less likely to happen if only the L5-S1 level is fused, as this segment typically does not have much motion and fusing this level does not change the mechanics in the spine all that much. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. 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. More treatment equals more damages. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. 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. I have had to resign my teaching position and I have no quality of life. 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. The next level of treatment in most back-injury cases is epidural steroid injections. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. There might be harvesting of bone graft, located close to the joint (in the iliac crest). He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. If your complications and pain warrant a lawsuit, your personal injury attorney in Illinois can help you navigate the system. Each section is made of individual bones called vertebrae. Each state has a statute of limitations (AKA the time in which to file a legal claim). The woman also made a vicarious liability claim against the at-fault drivers employer. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. 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. All Rights Reserved. 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. This website is for informational and advertising purposes only. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. 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. Make sure its not something serious. A 44-year-old woman was involved in a chain-reaction collision. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. Most attorneys would just take their cut and run, but Dave did just that with a referral. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. Its very, very important. 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. 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. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. David delivered more than expected for me in every way and I would recommend him to anyone. Unfortunately, she was injured during the surgery. And heres a more specific example. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. People sue over failed spinal fusions for a number of legal reasons. Unfortunately, Talia didnt make it. But there is no average, as the settlement amount I can cite for you. The most common lawsuits involved failed devices involved the following legal reasons for liability: Surgical implant defect was a result of poor design, marketing, or manufacturing The one exception to this is in the case of locked pseudoarthrosis. 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. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. There are advantages and disadvantages for each choice. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. There are deformities in your spine that you need to repair. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. 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. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. They included a revision fusion, a decompression, and a laminectomy. Spinal implants may be temporary or permanent. 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.

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