The surgery can correct a herniated disc or repair a damaged spine. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. The result? A 51-year-old passenger was T-boned. A common reason for a failed fusion is that the patient's spine does not properly fuse. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. But, lets say the cause of the unsuccessful surgery is negligence. Sadly, Patricia became paralyzed. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. 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. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? We advise to take all statistics with a grain of salt, because numbers vary a lot. Therefore, spinal hardware (e.g. The man alleged that the truck drivers negligence caused his injuries. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. Houston, TX 77057, The information on this website is for general information purposes only. This could be from a car accident, a slip and fall accident, or a construction accident. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. There are three things to consider if you think youre a victim. At only 23 years old, Talia had an extremely bright future ahead of her. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. Ready to inquire about a spinal fusion lawsuit? The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. 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. All Rights Reserved. Did something seem off about your experience? Are you experiencing any of these symptoms? A doctor is negligent during the operation. Are you a patient who underwent a spinal fusion surgery that failed? The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". But keep in mind this is not like looking at the average price of West Texas crude oil. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. Given the well-known complications of spinal fusions, your doctor most likely detailed those risks to you in person and had you sign an informed consent sheet before the procedure. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. What can the surgeon do for this problem? There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. Spinal Fusion Patients Sue Bone Graft Makers over Permanent Damage The SIJ syndrome might have been misdiagnosed before the fusion. A man was rear-ended by a truck. A woman was rear-ended on an exit ramp. 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). How much money can you get from a spinal fusion surgery lawsuit or settlement? This can make botched spinal fusion lawsuits harder to win. Keep reading to learn more! 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. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Working with David was a pleasure. A spinal cord contusion. 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. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. They should tell you about potential spinal fusion complications. 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 Over 10,000 lawsuits were filed against Medtronic. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. And it varies widely from state to state as well. 2603 Augusta Suite 1300 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. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. But of course it depends on the details of your case. When the shiny newness of the surgery faded, patients began reporting poor recoveries. In 2015, the FDA approved their use for lumbar procedures. An inspirational, peaceful, listening experience. Each state has a statute of limitations (AKA the time in which to file a legal claim). A real class act with your best interest at heart!, "Dave is a great personal injury attorney. Kornitzer's spinal fusion malpractice lawsuit includes allegations of negligence against his doctor and the New Jersey Spine Institute, claiming that they failed to follow the appropriate. There might be harvesting of bone graft, located close to the joint (in the iliac crest). 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. After the incision is made, bone graft is prepared. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. Spinal Fusion Settlements and Lawsuits (Cervical and Lumbar) But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. 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. 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. What's the Average Settlement for Spinal Fusion Surgery? After a spinal fusion surgery there might also be nerve damage in the lower back. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). 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. These concentrated synthetic proteins were used for spinal fusion surgery. 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. This material is inserted between vertebrae and is meant to fuse them together. If Level 1 (meds & physical therapy) and Level 2 (steroid injections) are not effective at eliminating chronic back injury pain, the third and final level of treatment is usually spinal fusion surgery. 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). 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. Complications with the spine hardware. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. A life taken away, and family and friends left to pick up the pieces. 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. overcome hurdles synonym LIVE Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. Often this is linked to that persons occupation or posture; however, sometimes it is because of a structural defect in the spinal column that must be corrected for pain to recede. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). She alleged that the at-fault drivers negligence caused permanent injuries. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. This proved to be a poor choice because childrens bones are still growing. 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. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. The name of this condition is adjacent segment disease. Or tingling sensation, weakness, or numbness. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. This is very true in back injury cases involving spinal fusion surgery. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. The fusion worked great for the first 5-6 months after which the pain returned. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. He is a Texas defective product lawyer & medical negligence . Spinal injury cases have a very high settlement value. Not enough study has been done to clear up any questions about these modalities. More treatment equals more damages. By contrast, whenever a back injury requires spinal fusion surgery (level 3 treatment) claims adjusters are forced to take it seriously and are less likely to dispute the plaintiffs pain & suffering claims. 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. 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 . degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. They will gather all the information you need for a successful outcome. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. The woman could no longer work. If you or a loved one are suffering from these devastating effects, we want to help. Poor surgical technique. He injured his neck, lower back, and right leg. There are two reasons for this. failed spinal fusion lawsuit failed spinal fusion 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. What to do after a Failed Spinal Fusion Surgery? | Dr. Sinicropoi 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. He used plaster casts to improve curvature of the spine. And your doctors should communicate any alternative treatment options available. Failed Spinal Fusion Surgery | Spine-health If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. For many, this surgery can bring forth a greater quality of life. 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. Next Page: He argued that the man excessively sped and failed to observe his vehicle. 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. A Missouri woman has joined a growing number of individuals throughout the country who are pursuing a lawsuit over the Medtronic Infuse Bone Graft and LT-Cage, alleging that the spinal fusion. The jury found the at-fault driver 100 percent liable. A spinal fusion can result in a lawsuit for a slew of reasons. Perhaps you will no longer be able to turn your neck or your lower back no longer bends. The patient was not a good candidate for the surgery in the first place. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. The next level of treatment in most back-injury cases is epidural steroid injections. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Failed Spinal Fusions: Disastrous Effects & Lawsuits - Hampton & King The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. They awarded the woman $1,051,800. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. to verify that an attorney is licensed in Florida. Unfortunately, some spinal fusion surgeries fail. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. In fusions, metal rods and screws are used to anchor the spine in place while . Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. The vertebrae make up the weight bearing capabilities of the spine. Call us at 800-553-8082 or submit a request for a free consultation. 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. The surgery is conducted to make the spine stable or straight. Like we covered earlier, it varies from state to state, and a lot. Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer There isn't a one-size-fits-all method of recovery after a failed first fusion. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. 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. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. 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. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. 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 a condition like Talias which needs stabilizing to help reduce pain and symptoms. After the fusion, the mechanical work load may have increased. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions.
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