Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. They should tell you about potential spinal fusion complications. A piece of fractured bone embedded into the protective covering of her spinal cord. 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. ", "Working with David was a pleasure. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. Keep reading to learn more! The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. This could be from a car accident, a slip and fall accident, or a construction accident. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Even though you might have chosen the best surgeons, sometimes procedures fail. Aching at a new location, different from the surgery site. There are many opportunities for these situations to arise, as low back pain is the leading cause of disability globally, and up to 80% of the population will experience back pain sometime in their life. A common reason for a failed fusion is that the patient's spine does not properly fuse. 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. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. 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). When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. 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. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. The procedure is used to stabilize, straighten or reduce pain in the spine. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. He alleged that the police officers negligence caused his injuries. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. That is one in five people. The doctor failed to recognize a complication during the procedure. The sooner you talk to an attorney about your case, the better they can preserve your claim if they feel you have legal reasons for a lawsuit. 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. In some states, the information on this website may be considered a lawyer referral service. If you or a loved one are suffering from these devastating effects, we want to help. Click here to read more. But little did she know, that her surgeon. 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. For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. Unfortunately, some spinal fusion surgeries fail. 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. 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,. Nothing on this site should be taken as legal advice for any individual case or situation. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. Each vertebrae is made up of several parts. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. These failed fusions can be caused by hardware failures. Many lawsuits have been filed against manufacturers of these products, including Medtronic. He is genuine and really does care about his clients' well-being. Nerve damage that is either temporary or permanent. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). 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. After a spinal fusion surgery there might also be nerve damage in the lower back. This material is inserted between vertebrae and is meant to fuse them together. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. Over 10,000 lawsuits were filed against Medtronic. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. I would not say that. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. 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. The vertebrae make up the weight bearing capabilities of the spine. The woman could no longer work. 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 important to understand that many states have a statute of limitations with personal injury cases. A life taken away, and family and friends left to pick up the pieces. 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. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Doctors should clearly communicate the risks involved. Your email address will not be published. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? The doctor recommended the surgery when it wasnt in the patients best interest. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. The woman also made a vicarious liability claim against the at-fault drivers employer. Smokers and patients who do not follow the guidelines for movement restriction during the post-operative period are at the greatest risk of failed fusion. Doctors should clearly communicate the risks involved. Pain or a feeling of numbness starting from the low back and spreading down the legs. You have a broken vertebra from a severe injury that needs repair. 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. 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 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. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. Surgery may be able to fix the condition but not eliminate the pain. She underwent a two-level cervical fusion and discectomy. 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. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. Ready to inquire about a spinal fusion lawsuit? 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. 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 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. She alleged that the at-fault drivers negligence caused permanent injuries. Any use of material contained in this web site is at the user's sole risk, and we expressly disclaim any liability for the use thereof. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. 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. The defense disputed the womans injury claims. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. And, spinal fusion surgery is no different. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). A lawyer can preserve your claim. Does that make these statistics useless? The man underwent cervical and lumbar fusions. 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. 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. But keep in mind this is not like looking at the average price of West Texas crude oil. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. Thats the down side. I can speak for personal injury cases in Florida. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 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. 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. 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. The woman sustained cognitive loss and chronic migraines. And heres a more specific example. 4,000 claims have already been settled and the rest are predicted to be settled. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. 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 . SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. This is a tragedy that could have been prevented. The manufacturer doesnt warn about the possible harm or defects in the implant. was 56 when she had spinal fusion surgery. Simply because you signed the sheet does not mean you will lose your informed consent case, but it does make winning harder. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. This can make botched spinal fusion lawsuits harder to win. 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. You have chronic lower back pain that requires spinal fusion surgery. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. 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. And just how much motion constitutes a failed fusion remains fuzzy. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. Home; About. Overview After any spine surgery, a percentage of patients may still experience pain. 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. Once this is complete, the surgeon will close the incision. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. This is very true in back injury cases involving spinal fusion surgery. 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. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. But there is no average, as the settlement amount I can cite for you. Not enough study has been done to clear up any questions about these modalities. 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. Working with David was a pleasure. 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. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. These include the cervical spine, the thoracic spine, and the lumbar spine. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Cages have been made of titanium for the most part. Most attorneys would just take their cut and run, but Dave did just that with a referral. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. You have a right to hold guilty people liable for your suffering. A patient may experience recurrent pain many years after a spine fusion surgery. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. There are two reasons for this. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery He was always keeping me updated on everything every step through the process and was always available for me if I had a question. Every surgical procedures carries some risk, and of course your doctor cant predict everything. Nowadays, surgery is a lot better than it used to be, say, 20 years ago. Have you been told you need spinal fusion surgery? Thats a benefit as the body fills in the fusion site faster. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. 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. If you or a loved one are suffering from these devastating effects, we want to help. Nevertheless, some people may feel pain in their leg after a lumbar decompression operation. 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. Allograft (donor bone from a bank) is dead and doesnt produce new bone. I understand that submitting this form does not create an attorney-client relationship. They included a revision fusion, a decompression, and a laminectomy. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. These cases are generally due to injury or disease. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. A jury awarded the man $4,375,018. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. It generally goes away after a few days or weeks. accelerated wear and tear on remaining vertebrae and possible chronic pain. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. Paralysis Caused by Negligent Spinal Fusion Surgery And research is ongoing in an attempt to find bone graft substitutes. These failed fusions can be caused by hardware failures. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit https://crabbsattorneys.com/wp-content/themes/nichely3/images/empty/thumbnail . To make matters even more unfortunate, the device was used on children. A man was rear-ended by a truck. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. And it varies widely from state to state as well. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. A 44-year-old woman was involved in a chain-reaction collision. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. 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. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. Risk factors for revision spinal fusion are similar to first-fusion procedures but also include worker's compensation status, active lawsuits, use of narcotics before surgery, and neurologic problems present before surgery. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. 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. There might be harvesting of bone graft, located close to the joint (in the iliac crest). This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. 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. The next level of treatment in most back-injury cases is epidural steroid injections. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. Therefore, spinal hardware (e.g. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. She suffered a traumatic brain injury, a neck injury, and a disc herniation. 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. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. Yes. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. 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. The woman underwent chiropractic care, massage therapy, and spinal injections. Rods, screws or metal plates may also be implanted to stabilize the area. 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. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. This proved to be a bad choice because childrens bones are still growing. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone.
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