Ultimately, a jury must decide that question after hearing conflicting testimony from expert medical witnesses for both sides of the case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. The jury found the at-fault driver 100 percent liable. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. Every surgical procedures carries some risk, and of course your doctor cant predict everything. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. 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. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. This material is inserted between vertebrae and is meant to fuse them together. Nerve damage that is either temporary or permanent. A jury awarded the man $4,375,018. For many, this surgery can bring forth a greater quality of life. failed spinal fusion lawsuit. But if something about your care seems questionable, seek the help of an experienced legal professional. Once the diagnosis has been made, what is the treatment for pseudarthrosis? Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Patricia 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. A piece of fractured bone embedded into the protective covering of her spinal cord. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. Unfortunately, Talia didnt make it. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); -10 Best In Client Satisfaction: American Institute of Personal Injury Attorneys, David Delivered More than Expected for Me in Every Way. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. 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. The FDA reports that the Biomet spinal fusion stimulator has "higher than allowed levels of potential harmful chemicals, which may be toxic to tissues and organs.". 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. The purpose is to straighten the spine or reduce pain. A spinal fusion is meant to emulate that natural process. This is taken either from the patients pelvic region or from a cadaver. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". Home; About. Once you are past that window of time, you can no longer file. However, there have been a number of successful medical malpractice cases stemming from spinal fusions that should not have been recommended in the first place. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. 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 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. FBSS stands for Failed Back Surgery Syndrome. He argued that the man excessively sped and failed to observe his vehicle. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. How does the physician diagnose pseudarthrosis? This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. This includes failed spinal fusions, which often lead to lawsuits. They included a revision fusion, a decompression, and a laminectomy. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. Any statistician who pulled the methodology of how these numbers are calculated would have grave reservations about relying on any of these estimates as a true average spinal surgery settlement value. 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 Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Spinal implants may be temporary or permanent. There hasnt been much published yet on results of this technique. Up to half of patients who were treated with Infuse bone grafts had serious medical complications. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. 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. As a spinal fusion patient, you are undoubtedly in close contact with your medical professionals and know whether to rule out routine issues that can arise. You have a right to hold guilty people liable for your suffering. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. The most widespread are: It depends on a number of things. Many lawsuits have been filed against manufacturers of these products, including Medtronic. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. The jury awarded a payout of $12,790,000. Have you been told you need spinal fusion surgery? In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. The bones, called vertebrae, are fused together to form one solid bone. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. There are now also synthetic materials to encourage bone growth. There isnt a one-size-fits-all method of recovery after a failed first fusion. Each state has a statute of limitations (AKA the time in which to file a legal claim). The man underwent cervical and lumbar fusions. For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. Especially if theyre suffering from a herniated disk or spinal stenosis. 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. 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. The man underwent a lumbar fusion and a cervical discectomy. They allege that the company incentivised medical professionals to use their product, the Infuse. The fusion worked great for the first 5-6 months after which the pain returned. When the spine is injured, it may be impact a patient in the following ways: Loss of bowel, bladder, and sexual function, They are negligent in performing the procedure or fail to recognize signs of complications, They recommend the procedure with the knowledge that it is not a good idea or they dont inform you about your alternative options, They fail to fully inform you of the risks before your surgery, Surgical implant defect was a result of poor design, marketing, or manufacturing, A surgical implant was marketed as safe and effective even though the manufacturer knew it wasnt, The manufacturer knew or should have known about the defects, The manufacturer failed to warn patients about the implant defects or potential hazard to health, Medical expenses including doctors bills, hospital bills, recovery therapy, medication, and follow up, Caregiver expenses accrued during recovery, Lost wages resulting from time off work while you were injured, Compensation for any short or long term disability including additional coverage for loss of consortium. I have had to resign my teaching position and I have no quality of life. 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 result? This is a tragedy that could have been prevented. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. 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. 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. Did something seem off about your experience? 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. Even though you might have chosen the best surgeons, sometimes procedures fail. You have a broken vertebra from a severe injury that needs repair. Spinal injury settlements can help you recover lost income, medical expenses and more. Its use is still in the experimental phase. A patient may experience recurrent pain many years after a spine fusion surgery. If the answer is no, then you may have a case. Allograft (donor bone from a bank) is dead and doesnt produce new bone. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Recovery from spinal surgery takes months. Nowadays, surgery is a lot better than it used to be, say, 20 years ago. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). Working with David was a pleasure. Its important to understand that many states have a statute of limitations with personal injury cases. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. cutting kaizen foam for sockets / how to reactivate silica gel in microwave / how to reactivate silica gel in microwave A 52-year-old man was rear-ended. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. The third and highest level of treatment in back cases is usually spinal fusion surgery. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. After a spinal fusion surgery there might also be nerve damage in the lower back. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. But then theres the risk of donor site morbidity (problems) as described. There are deformities in your spine that you need to repair. When external measures like braces and therapy are not enough, surgery is usually required. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. They should tell you about potential spinal fusion complications. The surgery was supposed to relieve pain in her neck, arms, and hands. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. You can find more information on that below. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. Aching at a new location, different from the surgery site. David delivered more than expected for me in every way and I would recommend him to anyone. And, spinal fusion surgery is no different. But keep in mind this is not like looking at the average price of West Texas crude oil. A 44-year-old woman was involved in a chain-reaction collision. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. On postoperative imaging studies it is often very difficult to tell if a patients spine has fused, and it can be even harder to determine if a further fusion surgery is necessary. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. A life taken away, and family and friends left to pick up the pieces. This is expected to bar future claims of this kind. The surgery can correct a herniated disc or repair a damaged spine. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. Two women underwent spinal fusions performed by the same surgeon. If you need to consult with an attorney please consult with an attorney who practices in your area or in the area where the investigation is pending, or arrest was made. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. Studies show that fusion is almost always possible but symptoms dont always change as a result. And it varies widely from state to state as well. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. The name of this condition is adjacent segment disease. This case settled for $700,000. Some of the decision depends on how the first fusion was done and the location (neck or low back). But anyone who has reduced blood supply or metabolic disorders such as heart disease or diabetes can also experience delayed wound healing or infections that can leave patients with lower fusion rates. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. In 2015, the FDA updated their original 2008 warning that the Medtronic Infuse Bone Grafts can cause excess bone growth and crowd organs in children. That said, the value of a pain and suffering claim involving a back or neck fusion surgery will probably fall somewhere between $250,000 and $400,000. Keep reading to learn more! Or ache which starts from a certain area and moves to another. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. 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. Your spine has abnormal curvatures because of scoliosis or something like it. To help us understand why this happens, the authors present the many possible risk factors, and then walk us through the diagnosis and follow-up treatment. So, whos at risk for pseudarthrosis? If there are no symptoms, then it might warrant a wait-and-see approach. She injured her head, neck, and back. Over 10,000 lawsuits were filed against Medtronic. Overview After any spine surgery, a percentage of patients may still experience pain. 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 the surgical procedure of permanently connecting two or more vertebrae in the spine. The attorney listings on this site are paid attorney advertising. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. Any and all correspondence, including email, between the viewer/reader and the attorneys at Schwaner Injury Law is confidential and protected by the laws applicable to attorney-client privileges, however it does not create any binding legal representation unless specifically contracted to for representation through a written contract for representation. Remember that all these statistics are flawed. ", 111 N Wabash Avenue You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. 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. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. Very often, a form of tuberculosis emerged in a patients vertebrae. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. David delivered more than expected for me in every way and I would recommend him to anyone. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. A reasonable patient would have wanted the information. This can make botched spinal fusion lawsuits harder to win. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. That is one in five people. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. When spinal fusion surgery fails as a result of medical malpractice, your doctor may be responsible. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Its very, very important. Biomet spinal fusion stimulator side effects may also include chronic . The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. The womens symptoms failed to resolve. Finally, how well does it work to try a different approach when treating failed fusions? A real class act with your best interest at heart! But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. Like we covered earlier, it varies from state to state, and a lot. One of them sustained nerve damage caused by her surgery. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. The manufacturer doesnt warn about the possible harm or defects in the implant. 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 can occur without symptoms so the patient doesnt even know he or she has it. The vertebrae make up the weight bearing capabilities of the spine. 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. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. 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. Hampton & King. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. Spinal injury settlements can help you recover lost income, medical expenses and more. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. Spinal fusions can be performed from the posterior (back) or anterior (front). 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. When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. Your surgeon is responsible for medical malpractice with spinal fusion surgery if: In order to prove medical malpractice when it comes to failed spinal fusion surgery, you need to determine whether another reasonably competent surgeon is the same position would make the mistake. 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? Once these are removed, they are replaced with metal devices that stabilize the spine. We advise to take all statistics with a grain of salt, because numbers vary a lot. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). Those changes interfere in judging whether or not the fusion is completed. Court of Appeals, 5th Dist. There are a lot of different opinions among equally skilled professionals. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. Spinal fusion surgery significantly increases the potential value of any back injury claim. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. 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. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. You have back pain caused by degenerative disc disease. Does that make these statistics useless? Speaking with your doctor is always a good first step, because while back pain might automatically mean a bad day for your spine, to your doctor it could mean something else like kidney stones, for example. 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. The women alleged negligence against the surgeon. This unfortunate phenomenon is called the ladder effect. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. These concentrated synthetic proteins were used for spinal fusion surgery. Risk factors for revision spinal fusion are similar to first-fusion procedures but also include workers compensation status, active lawsuits, use of narcotics before surgery, and neurologic problems present before surgery. David delivered more than expected for me in every way and I would recommend him to anyone. Suite 801A There are a lot of different opinions among equally skilled professionals. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. And your doctors should communicate any alternative treatment options available. He injured his neck, lower back, and right leg. She then underwent a two-level cervical fusion. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). An inspirational, peaceful, listening experience. Registered. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. Symptoms ", "Working with David was a pleasure. Spinal fusion is a surgery that permanently joins bones in the spine. 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. 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. Is Minimally Invasive Spine Surgery Right for You? As time passes and the patients back begins to heal, he/she may start being more active. When the shiny newness of the surgery faded, patients began reporting poor recoveries. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. There are three things to consider if you think youre a victim. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. But there are so many variables that come into play so dont discount your situation without talking to a professional. This degeneration is most likely to happen after a two-level fusion (e.g. Theres a lot of debate about what is and what isnt a solid fusion. The one exception to this is in the case of locked pseudoarthrosis. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. Your spine is weak because of infection (or tumors). The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. In some states, the information on this website may be considered a lawyer referral service. This surgery eliminates movement in that area and is a permanent solution. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. And he didnt thoroughly consider her medical history. A woman was rear-ended on an exit ramp.