Spinal Fusion Lawsuit - The Schmidt Firm, PLLC | A National Law Firm So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. If the spinal fusion is not successful the patient may feel back or leg pain, for example. Fusions in the thoracic region, or the middle of the spine, are less common. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Very often, a form of tuberculosis emerged in a patients vertebrae. A spinal fusion can result in a lawsuit for a slew of reasons. Working with David was a pleasure. Especially if theyre suffering from a herniated disk or spinal stenosis. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. Your spine is weak because of infection (or tumors). Malpractice Claims for Spinal Fusion Complications & Errors Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). 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 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. Up to half of patients who were treated with Infuse bone grafts had serious medical complications. This can make botched spinal fusion lawsuits harder to win. Poor surgical technique. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. 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. The jury found the at-fault driver 100 percent liable. It depends on a number of things. Average Settlement for Spinal Fusion | Compensation Payouts On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. A 52-year-old man was rear-ended. 2603 Augusta Suite 1300 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). Or it can cause back and leg (or arm) pain, depending on whether the fusion is at the cervical (neck) or lumbar (low back) level. 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. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. Spinal injury cases have a very high settlement value. Spinal Fusion Malpractice Lawsuit Filed Over Use of Medtronic Infuse 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. The procedure is used to stabilize, straighten or reduce pain in the spine. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. Some of the decision depends on how the first fusion was done and the location (neck or low back). Its important to note that spinal fusionsare considered somewhat controversial within the medical world. Metal failure (also called hardware failure, implant failure), especially early in the postoperative course after back surgery, is an indicator of continued gross spinal instability. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. But there are so many variables that come into play so dont discount your situation without talking to a professional. Does that make these statistics useless? The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. ", 111 N Wabash Avenue pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. 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. Symptoms Get Veritas Health Newsletters delivered to your inbox. But there are so many variables that come into play so dont discount your situation without talking to a professional. She injured her head, neck, and back. The surgery is conducted to make the spine stable or straight. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. He is genuine and really does care about his clients' well-being. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. Thin-slice CT scans have been used to assess the fusion site. 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. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. This could be from a car accident, a slip and fall accident, or a construction accident. They should tell you about potential spinal fusion complications. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. The manufacturer doesnt warn about the possible harm or defects in the implant. He alleged that the at-fault drivers negligence caused his permanent injuries. A spinal fusion is meant to emulate that natural process. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. No matter what type of case you have, you may contact us with confidence by filling out the email contact form below or calling us directly by dialing toll free 24 hrs/day (866) 920-0753. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Yes. ", "Working with David was a pleasure. If there are no symptoms, then it might warrant a wait-and-see approach. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? In some states, the information on this website may be considered a lawyer referral service. 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. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. Studies show that fusion is almost always possible but symptoms dont always change as a result. Theres a lot of debate about what is and what isnt a solid fusion. The fusion worked great for the first 5-6 months after which the pain returned. Lawsuit Over Medtronic Infuse and LT-Cage Filed After Failed Spine Fusion The one exception to this is in the case of locked pseudoarthrosis. 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. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). Dr. Russell Hibbs, the surgeon-in-chief at New York Orthopedic Hospital, opened a clinic devoted to tuberculosis patients and began performing spinal fusions to treat these deformities. Other types of lawsuits around spinal fusions are medical malpractice claims for unnecessary surgeries and negligence claims for botched procedures (even one by professional wrestler Hulk Hogan), products liability, and wrongful death. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. Its important to understand that many states have a statute of limitations with personal injury cases. Recovery from spinal surgery takes months. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. Negligently performing the procedure and/or failing to recognize a complication. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. The womens symptoms failed to resolve. But if something about your care seems questionable, seek the help of an experienced legal professional. Spinal fusion surgery spawns lawsuits, controversy - Ventura County Star Locked pseudoarthrosis describes a situation in which the top and bottom of the cage inserted between the two vertebrae has fused solid but the middle (inside the cage) has not filled in with bone and solidified. If this happens, the patient will start to feel more pain. If you or a loved one are suffering from these devastating effects, we want to help. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. This is taken either from the patients pelvic region or from a cadaver. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. Spinal fusion is a surgery that permanently joins bones in the spine. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. She alleged that the at-fault drivers negligence caused permanent injuries. 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. The surgery was supposed to relieve pain in her neck, arms, and hands. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. Failed Spinal Fusions: Disastrous Effects & Lawsuits - Hampton & King 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. accelerated wear and tear on remaining vertebrae and possible chronic pain. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. Second, talk to an attorney. 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. Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. We advise to take all statistics with a grain of salt, because numbers vary a lot. But, lets say the cause of the unsuccessful surgery is negligence. Its use is still in the experimental phase. And he didnt thoroughly consider her medical history. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. There are many different reasons to take legal action after a failed spinal fusion. The contact form sends information by non-encrypted email, which is not secure. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. Each section is made of individual bones called vertebrae. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Two women underwent spinal fusions performed by the same surgeon. JZ helps (a Florida injury law firm). But keep in mind this is not like looking at the average price of West Texas crude oil.