failed spinal fusion lawsuit

If the answer is no, then you may have a case. The next level of treatment in most back-injury cases is epidural steroid injections. 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). Second, talk to an attorney. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. But little did she know, that her surgeon. The risk increases when more than one vertebrae level is fused. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. Failing to fully inform you of all the risks before performing the procedure. 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 this case, you can take legal action and hold the hospital, doctor or surgeon accountable. How much money can you get from a spinal fusion surgery lawsuit or settlement? You have chronic lower back pain that requires spinal fusion surgery. She underwent a two-level cervical fusion and discectomy. The SIJ syndrome might have been misdiagnosed before the fusion. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). A spinal fusion can result in a lawsuit for a slew of reasons. Finally, how well does it work to try a different approach when treating failed fusions? We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. 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. You have back pain caused by degenerative disc disease. And research is ongoing in an attempt to find bone graft substitutes. A common reason for a failed fusion is that the patient's spine does not properly fuse. 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. Poor surgical technique. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. Or tingling sensation, weakness, or numbness. ", 111 N Wabash Avenue The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. The at-fault driver denied liability. You can find more information on that below. But she was also in pain. Nothing on this site should be taken as legal advice for any individual case or situation. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. The doctor recommended the surgery when it wasnt in the patients best interest. Therefore, spinal hardware (e.g. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. This includes failed spinal fusions, which often lead to lawsuits. This website is for informational and advertising purposes only. This case settled for $2,300,000. But if something about your care seems questionable, seek the help of an experienced legal professional. 2019 Ted Fund Donors Yes. Like Patricia, you deserve to know all potential risks prior to surgery. After a spinal fusion surgery there might also be nerve damage in the lower back. She alleged that the at-fault drivers negligence caused permanent injuries. 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. Each patient is evaluated on an individual basis. Dynamic means the X-rays are taken as the patient is moving. And it varies widely from state to state as well. 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 man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. Aching at a new location, different from the surgery site. Heres everything you need to know if you think you have a failed spinal fusion 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. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. Especially if theyre suffering from a herniated disk or spinal stenosis. A jury awarded the man $4,375,018. Surgery may be able to fix the condition but not eliminate the pain. See more on that below. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. 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. 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. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. 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. 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. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. As the spine moves, the metal hardware that is inside might give in and break. She injured her head, neck, and back. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. This degeneration is most likely to happen after a two-level fusion (e.g. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. The most popular reasons for this type of lawsuit are the following: Conduct on the part of the surgeon or hospital would fall under two areas of law called negligence and medical malpractice. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. 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 can make botched spinal fusion lawsuits harder to win. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. Your spine is weak because of infection (or tumors). Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? 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. 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. There isn't a one-size-fits-all method of recovery after a failed first fusion. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. In 2015, the FDA approved their use for lumbar procedures. A woman was rear-ended on an exit ramp. 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. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. We advise to take all statistics with a grain of salt, because numbers vary a lot. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Two women underwent spinal fusions performed by the same surgeon. Symptoms She then underwent a two-level cervical fusion. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Unfortunately, she was injured during the surgery. They should tell you about potential spinal fusion complications. Call us at 800-553-8082 or submit a request for a free consultation. While this wont make up for the loss of your loved one, it can help ease the financial impact that comes when a member of the family dies. JZ helps (a Florida injury law firm). While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. A spinal fusion is a major surgery. They awarded the woman $1,051,800. 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. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. 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. A real class act with your best interest at heart! But keep in mind this is not like looking at the average price of West Texas crude oil. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). Did something seem off about your experience? You have a right to hold guilty people liable for your suffering. 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. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. 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. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. Complications with the spine hardware. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. 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. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. A lawyer can preserve your claim. There are many reasons spinal fusion surgeries fail. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. And just how much motion constitutes a failed fusion remains fuzzy. 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. There are a lot of different opinions among equally skilled professionals. This could be from a car accident, a slip and fall accident, or a construction accident. She suffered a traumatic brain injury, a neck injury, and a disc herniation. She argued that the womans abrupt stop made the collision unavoidable. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. 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. 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. 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. Despite the surgery, the womans C5-6 symptoms lingered. Are you experiencing any of these symptoms? The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. More treatment equals more damages. 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. 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. Copyright 2020 The Schmidt Firm, PLLC. There are two reasons for this. If this happens, the patient will start to feel more pain. 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 This site is for educational purposes only; no information is intended or implied to be a substitute for professional medical advice. 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. Spinal Fusion Lawsuit. Perhaps you will no longer be able to turn your neck or your lower back no longer bends. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. They tend to have a good chance of being over $1,000,000. The surgery was supposed to relieve pain in her neck, arms, and hands. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. It depends on a number of things. He is genuine and really does care about his clients' well-being. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. A patient may experience recurrent pain many years after a spine fusion surgery. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. Spinal fusion surgery significantly increases the potential value of any back injury claim. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. In fusions, metal rods and screws are used to anchor the spine in place while . Pain or a feeling of numbness starting from the low back and spreading down the legs. Rods, screws or metal plates may also be implanted to stabilize the area. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? You have a broken vertebra from a severe injury that needs repair. The woman sustained cognitive loss and chronic migraines. It generally goes away after a few days or weeks. Injections can cause excess bone growth and crowd organs. 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. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. The police officer denied liability. *. This case is different from the others because it is a medical malpractice claim. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. 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. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. Doctors should clearly communicate the risks involved. Once you are past that window of time, you can no longer file. 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 spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Studies show that fusion is almost always possible but symptoms dont always change as a result. It is also used in eliminating pain along the spine. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. A life taken away, and family and friends left to pick up the pieces. 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. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. For many, this surgery can bring forth a greater quality of life. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. There hasnt been much published yet on results of this technique. Working with David was a pleasure. 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? When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. The metal pieces hold the bones together while it heals. If you or someone you love had a failed spinal fusion surgery that was a result of medical malpractice or manufacturer negligence, contact a personal injury attorney to ensure you get the financial compensation you deserve. Negligently performing the procedure and/or failing to recognize a complication. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. Nerve damage that is either temporary or permanent. Free personal injury guides for download to print or save. Your email address will not be published. Even though you might have chosen the best surgeons, sometimes procedures fail. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. We are very proud of our legal achievements, but equally self-respecting of our firm's reputation for providing personal attention to each and every client we represent. The pain is usually caused by the nerve roots that need to heal. 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 . When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. The woman could no longer work. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. Spinal injury settlements can help you recover lost income, medical expenses and more. He is a Texas defective product lawyer & medical negligence . David delivered more than expected for me in every way and I would recommend him to anyone. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. How does the physician diagnose pseudarthrosis? If you or a loved one are suffering from these devastating effects, we want to help. The one exception to this is in the case of locked pseudoarthrosis. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. They allege that the company incentivised medical professionals to use their product, the Infuse. But every situation is different, and thats why its important to speak with an attorney. Paralysis Caused by Negligent 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. If the spinal fusion is not successful the patient may feel back or leg pain, for example. A reasonable patient would have wanted the information. Examples of Injury Settlement Amounts After Spinal Fusion Surgery.

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