failed spinal fusion lawsuit
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. In general, it takes at least three months to get a solid fusion, and it can take up to a year after the spine surgery. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. Doctors should clearly communicate the risks involved. Studies show that fusion is almost always possible but symptoms dont always change as a result. And, spinal fusion surgery is no different. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. Each patient is evaluated on an individual basis. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. Sadly, Patricia became paralyzed. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. The surgery can correct a herniated disc or repair a damaged spine. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 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. Nevertheless, some people may feel pain in their leg after a lumbar decompression operation. This surgery eliminates movement in that area and is a permanent solution. This is very true in back injury cases involving 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. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. This includes failed spinal fusions, which often lead to lawsuits. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. The surgery was supposed to relieve pain in her neck, arms, and hands. A common reason for a failed fusion is that the patient's spine does not properly fuse. JZ helps (a Florida injury law firm). 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. But keep in mind this is not like looking at the average price of West Texas crude oil. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. be considered sooner. He is a Texas defective product lawyer & medical negligence . 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. Spinal fusions can be performed from the posterior (back) or anterior (front). Its important to note that spinal fusionsare considered somewhat controversial within the medical world. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. We only represent people for injury or death that happened in Florida (or on a cruise). Court of Appeals, 5th Dist. 2603 Augusta Suite 1300 Factors influencing the average settlement for spinal fusion lawsuits include: If you think that you have a case based on the circumstances discussed in this article, contact our office by filling out a brief online form. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. You have a right to hold guilty people liable for your suffering. 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. 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. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. Houston SEO | Hyperlinks Media by Hyperlinks Media. Houston, TX 77057, The information on this website is for general information purposes only. Up to half of patients who received this treatment experienced serious medical complications, which had gone unreported by Medtronic in 13 studies. 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. Are there any hidden costs? Free personal injury guides for download to print or save. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. This unfortunate phenomenon is called the ladder effect. 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. 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 the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. Each vertebrae is made up of several parts. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. Our Maryland personal injury lawyers see a lot of back injuries and we have seen first-hand how spinal fusion surgery can double or triple the settlement value of these cases. There are a lot of different opinions among equally skilled professionals. Negligently performing the procedure and/or failing to recognize a complication. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. 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. Your spine is weak because of infection (or tumors). See more on that below. Past Florida jury verdicts generally put the full value pain and suffering value of a single level fusion surgery at $250,000 to $400,000. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. 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. What can the surgeon do for this problem? They should tell you about potential spinal fusion complications. to verify that an attorney is licensed in Florida. The man underwent multiple procedures. 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. These cases are generally due to injury or disease. 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. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. Spinal implants may be temporary or permanent. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. An inspirational, peaceful, listening experience. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. He is genuine and really does care about his clients' well-being. There are advantages and disadvantages for each choice. Aching at a new location, different from the surgery site. She underwent a two-level cervical fusion and discectomy. 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 fusions in particular can fail for any of the following reasons: Issues with the bone graft. Not enough study has been done to clear up any questions about these modalities. 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. 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. A settlement for $1,250,000 was reached before trial. 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). Talias doctor didnt give her case the proper time and attention it needed. Finally, how well does it work to try a different approach when treating failed fusions? pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. There are many different reasons to take legal action after a failed spinal fusion. Copyright 2020 The Schmidt Firm, PLLC. Its likely your doctor had you sign a consent formexplaining that you understood the risks. Here are some of the complications patients may endure after a spinal fusion surgery: Some of these symptoms may be considered normal, but if theyre severe or dont go away, there may be a problem. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. If you or a loved one are suffering from these devastating effects, we want to help. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. cutting kaizen foam for sockets / how to reactivate silica gel in microwave / how to reactivate silica gel in microwave The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. Overview After any spine surgery, a percentage of patients may still experience pain. But there are so many variables that come into play so dont discount your situation without talking to a professional. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. For most types of back injuries, there are three escalating levels of potential medical treatment that might be required: The average settlement value of a back-injury claim will increase based on the level of treatment that the plaintiff underwent. This includes failed spinal fusions, which often lead to lawsuits. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. (Had they been given the information.) In this review article, orthopedic spine surgeons from George Washington University Medical School bring us up-to-date on the problem of pseudarthrosis after spinal fusion. These failed fusions can be caused by hardware failures. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. Home; About. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. 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. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. In some states, the information on this website may be considered a lawyer referral service. Or tingling sensation, weakness, or numbness. Allograft (donor bone from a bank) is dead and doesnt produce new bone. The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. The risk increases when more than one vertebrae level is fused. And just how much motion constitutes a failed fusion remains fuzzy. A man was broadsided by a police officer. Each section is made of individual bones called vertebrae. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. Remember that all these statistics are flawed. 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. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. 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. Suite 801A She then underwent a two-level cervical fusion. So, whos at risk for pseudarthrosis? The SIJ syndrome might have been misdiagnosed before the fusion. To make matters even more unfortunate, the device was used on children. 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 . This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. 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. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. The manufacturer doesnt warn about the possible harm or defects in the implant. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery 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 David delivered more than expected for me in every way and I would recommend him to anyone. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. This can make botched spinal fusion lawsuits harder to win. Unfortunately, she was injured during the surgery. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. 2019 Ted Fund Donors He injured his neck, lower back, and right leg. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. Obtain Long Term Pain Relief. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. You have a right to hold guilty people liable for your suffering. The surgery was supposed to relieve pain in her neck, arms, and hands. 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. The defense admitted liability but disputed the injuries. Despite the surgery, the womans C5-6 symptoms lingered. Injections can cause excess bone growth and crowd organs. A common reason for a failed fusion is that the patient's spine does not properly fuse. Most attorneys would just take their cut and run, but Dave did just that with a referral. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. Its very, very important. A 51-year-old passenger was T-boned. The man alleged that the truck drivers negligence caused his injuries. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. Registered. But there are so many variables that come into play so dont discount your situation without talking to a professional. Two women underwent spinal fusions performed by the same surgeon. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. The fusion worked great for the first 5-6 months after which the pain returned.