Surgery increases the full value of a personal injury case, car accident in Florida while visiting from another state, Hit by a car or truck while youre on a motorcycle, factors that can affect the value of an injury case, his or her percentage of fault reduces the compensation that is owed, Excellent paying insurance company like Nationwide, Palm Beach County jury awarded a Chipotle customer $1,351,361.54, loss of capacity for the enjoyment of life, State Farm Mutual Automobile Insurance Company v. Harmon, Fla: Dist. If you think that you have a case based on the circumstances discussed in this article. Really top notch attorney, and law firm. This can make botched spinal fusion lawsuits harder to win. 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. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. Houston SEO | Hyperlinks Media by Hyperlinks Media. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. 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. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. Is Minimally Invasive Spine Surgery Right for You? You have chronic lower back pain that requires spinal fusion surgery. If the answer is no, then you may have a case. But, lets say the cause of the unsuccessful surgery is negligence. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. Dynamic means the X-rays are taken as the patient is moving. There are two reasons for this. Once the diagnosis has been made, what is the treatment for pseudarthrosis? Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. Spinal injury settlements can help you recover lost income, medical expenses and more. This case settled for $2,300,000. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. A man was rear-ended by a truck. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. These failed fusions can be caused by hardware failures. This does not present as much of a problem for elderly patients, since they tend to not be as active nor do they have the fusion for as many years. A common reason for a failed fusion is that the patient's spine does not properly fuse. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. Your spine is weak because of infection (or tumors). More treatment equals more damages. If your doctor failed to inform you of the risks or complications, you will need to prove that a reasonable patient would have wanted to be informed and a reasonable doctor would have offered the information. If there are no symptoms, then it might warrant a wait-and-see approach. The at-fault driver denied liability. As time passes and the patients back begins to heal, he/she may start being more active. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. 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. If the spinal fusion is not successful the patient may feel back or leg pain, for example. Therefore, spinal hardware (e.g. The police officer denied liability. After the incision is made, bone graft is prepared. Once this is complete, the surgeon will close the incision. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. You can find more information on that below. Many lawsuits have been filed against manufacturers of these products, including Medtronic. And, spinal fusion surgery is no different. The manufacturer doesnt warn about the possible harm or defects in the implant. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. But if something about your care seems questionable, seek the help of an experienced legal professional. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. This website is for informational and advertising purposes only. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. Fusions in the thoracic region, or the middle of the spine, are less common. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. be considered sooner. It is also used in eliminating pain along the spine. Doctors should clearly communicate the risks involved. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. 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. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. Complications with the spine hardware. FBSS stands for Failed Back Surgery Syndrome. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. They should tell you about potential spinal fusion complications. 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. Are you experiencing any of these symptoms? This is very true in back injury cases involving spinal fusion surgery. They will be more likely to discredit any alleged pain & suffering and devalue the claim. JZ helps (a Florida injury law firm). When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. And heres a more specific example. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. The man alleged that the truck drivers negligence caused his injuries. In addition, we service the following neighborhoods in Chicago: The Gold Coast, Goose Island, Magnificent Mile, Old Town, River North, River West, Streeterville, Loop, Near East Side, South Loop, West Loop Gate, Dearborn Park, Printer's Row, South Loop, Prairie Avenue Historic District, Old Town, North Side, North Center, Horner Park, Roscoe Village, Boystown, Lake View East, Graceland West, South East Ravenswood, Wrigleyville, West DePaul, Old Town Triangle, Park West, Ranch Triangle, Sheffield Neighbors, Wrightwood Neighbors, Belmont Gardens, Chicago's Polish Village, Kosciuszko Park, Belmont Gardens, Bucktown, Kosciuszko Park, Palmer Square. Its important to understand that many states have a statute of limitations with personal injury cases. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. The name of this condition is adjacent segment disease. 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. If a solid fusion is not obtained through the spine surgery, but the hardware is intact and there is still good stability to the spine, the patient may still achieve effective back pain relief with the spine surgery. failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit https://crabbsattorneys.com/wp-content/themes/nichely3/images/empty/thumbnail . Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. 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. 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. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from $250,000 to $400,000. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. DePuy ASR Hip Replacement Surgery Lawsuit and Settlement Guide, Most Common Spinal Fusion Complications, Risks, and Injuries, The Anatomy of the Spine and How It Is Affected by Spinal Fusion Surgery Failure, Common Causes of Failed Spinal Fusion Surgery. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. Patients should think very hard about whether they want to proceed, because spinal fusions are permanent. When spinal fusion surgery fails as a result of medical malpractice, your doctor may be responsible. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. 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. 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. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. Negotiating lawyers fees - how do accident lawyers charge? But she was also in pain. This is expected to bar future claims of this kind. Did something seem off about your experience? Spinal Fusion Lawsuit. Yes. Each patient is evaluated on an individual basis. He argued that the man excessively sped and failed to observe his vehicle. But of course it depends on the details of your case. 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. 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. I understand that submitting this form does not create an attorney-client relationship. The result? A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. In Patricias case, the surgery never should have happened. You have a right to hold guilty people liable for your suffering. 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. You have back pain caused by degenerative disc disease. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. When the failure is on the part of the manufacturer (for example, a medical device company that offers a troublesome product), this is called products liability or defective products. There isn't a one-size-fits-all method of recovery after a failed first fusion. No matter what type of case you have, you may contact us with confidence by filling out the email contact form below or calling us directly by dialing toll free 24 hrs/day (866) 920-0753. The surgery was supposed to relieve pain in her neck, arms, and hands. This case settled for $700,000. An inspirational, peaceful, listening experience. 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. I can speak for personal injury cases in Florida. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. Get Veritas Health Newsletters delivered to your inbox. 4,000 claims have already been settled and the rest are predicted to be settled. This can make botched spinal fusion lawsuits harder to win. Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. If you or a loved one are suffering from these devastating effects, we want to help. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. Paralysis Caused by Negligent Spinal Fusion Surgery 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. The risk increases when more than one vertebrae level is fused. 1999-2023 Veritas Health, LLC. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. 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. 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. Of course, if part of the spine is immobilized, its going to change the way the spine moves. While this wont make up for the loss of your loved one, it can help ease the financial impact that comes when a member of the family dies. Talias doctor didnt give her case the proper time and attention it needed. A patient may experience recurrent pain many years after a spine fusion surgery. He alleged that the at-fault drivers negligence caused his permanent injuries. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. He subsequently underwent three lumbar procedures. And research is ongoing in an attempt to find bone graft substitutes. These include the cervical spine, the thoracic spine, and the lumbar spine. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. The purpose is to straighten the spine or reduce pain. But there are so many variables that come into play so dont discount your situation without talking to a professional. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). 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 injury settlements can help you recover lost income, medical expenses and more. These failed fusions can be caused by hardware failures. 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. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. There might be harvesting of bone graft, located close to the joint (in the iliac crest). Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. Pain or a feeling of numbness starting from the low back and spreading down the legs. Spinal fusions can be performed from the posterior (back) or anterior (front). The man underwent cervical and lumbar fusions. 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. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. Other reasons for a failed spinal fusion can include: Severe infection or post-surgery complications Surrounding vertebrae/discs develop problems The fusion fails to take for a reason other than scar tissue Hardware or metal implant breakage Issues with a bone graft Patient experiences bleeding or blood clots Symptoms Treatment CLICK HERE If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. 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. He injured his neck, lower back, and right leg. 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 medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. In 2015, the FDA approved their use for lumbar procedures. All Rights Reserved. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. 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. Court of Appeals, 5th Dist. 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. Hampton & King. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. A common reason for a failed fusion is that the patient's spine does not properly fuse. If the parts of the spine which have been operated on do not manage to fuse and heal properly, there might be pain which could progress over time. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. Spinal fusion procedures that triggered many of the 17 lawsuits lodged against a former Ventura neurosurgeon regularly spawn litigation and are sometimes used on patients who have little chance of benefiting, according to surgeon specialists at USC and UCLA. Allograft (donor bone from a bank) is dead and doesnt produce new bone. Each vertebrae is made up of several parts. Working with David was a pleasure. Copyright 2020 The Schmidt Firm, PLLC. Finally, how well does it work to try a different approach when treating failed fusions? Like Patricia, you deserve to know all potential risks prior to surgery. She then underwent a two-level cervical fusion. 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. But there are so many variables that come into play so dont discount your situation without talking to a professional. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. to verify that an attorney is licensed in Florida. The surgery can correct a herniated disc or repair a damaged spine. How does the physician diagnose pseudarthrosis? 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. The women alleged negligence against the surgeon. This is taken either from the patients pelvic region or from a cadaver. 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. 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 . Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. The procedure is used to stabilize, straighten or reduce pain in the spine. This is a tragedy that could have been prevented. And your doctors should communicate any alternative treatment options available. This website also references past case results from this firm, those are only a representation of our work and not a guarantee of a similar result for your case, or any case. Failing to fully inform you of all the risks before performing the procedure. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. 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. She argued that the womans abrupt stop made the collision unavoidable. They included a revision fusion, a decompression, and a laminectomy. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. 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.