failed spinal fusion lawsuit failed spinal fusion lawsuit

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. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. Despite the surgery, the womans C5-6 symptoms lingered. This is taken either from the patients pelvic region or from a cadaver. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). 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. This site is for educational purposes only; no information is intended or implied to be a substitute for professional medical advice. 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. 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. A patient may experience recurrent pain many years after a spine fusion surgery. Cages have been made of titanium for the most part. Unfortunately, she was injured during the surgery. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. The woman underwent a cervical discectomy and fusion. A real class act with your best interest at heart! 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. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. The police officer denied liability. As the spine moves, the metal hardware that is inside might give in and break. The most widespread are: It depends on a number of things. How much money can you get from a spinal fusion surgery lawsuit or settlement? Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. And he didnt thoroughly consider her medical history. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. Remember that all these statistics are flawed. Most attorneys would just take their cut and run, but Dave did just that with a referral. Negotiating lawyers fees - how do accident lawyers charge? Many lawsuits have been filed against manufacturers of these products, including Medtronic. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! The bones, called vertebrae, are fused together to form one solid bone. Around 4 weeks is needed after surgery for most of the pain to go away, but for some people it might take 3 to 6 months. 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. David delivered more than expected for me in every way and I would recommend him to anyone. A spinal fusion can result in a lawsuit for a slew of reasons. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. accelerated wear and tear on remaining vertebrae and possible chronic pain. Unfortunately, she was injured during the surgery. 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. They awarded the woman $1,051,800. We advise to take all statistics with a grain of salt, because numbers vary a lot. Hampton & King. 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. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. 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. 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 just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. 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. This proved to be a bad choice because childrens bones are still growing. Your spine is weak because of infection (or tumors). Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. 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. How many attorneys would tell a potential client that the client could do just as well without an attorney? Home; About. Californias median settlement value for neck and back injury is some of the highest in the US, with an average of $1,728,491 and median of $1,535,500. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. You have a right to hold guilty people liable for your suffering. You have back pain caused by degenerative disc disease. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. (Had they been given the information.) Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. The man underwent a lumbar fusion and a cervical discectomy. Each state has a statute of limitations (AKA the time in which to file a legal claim). 4,000 claims have already been settled and the rest are predicted to be settled. A man was broadsided by a police officer. FBSS stands for Failed Back Surgery Syndrome. At only 23 years old, Talia had an extremely bright future ahead of her. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? Once this is complete, the surgeon will close the incision. The jury awarded a payout of $12,790,000. A life taken away, and family and friends left to pick up the pieces. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. A 44-year-old woman was involved in a chain-reaction collision. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. The sooner you talk to an attorney about your case, the better they can preserve your claim if they feel you have legal reasons for a lawsuit. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. Theres a lot of debate about what is and what isnt a solid fusion. This unfortunate phenomenon is called the ladder effect. The renter purchased coverage when he or she rented the car. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? The manufacturer doesnt warn about the possible harm or defects in the implant. 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 man could no longer work as a painter. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. 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. You have a right to hold guilty people liable for your suffering. Failing to fully inform you of all the risks before performing the procedure. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. Are you a patient who underwent a spinal fusion surgery that failed? It depends on a number of things. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. This case settled for $2,300,000. Houston SEO | Hyperlinks Media by Hyperlinks Media. This surgery eliminates movement in that area and is a permanent solution. 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. This includes failed spinal fusions, which often lead to lawsuits. Like we covered earlier, it varies from state to state, and a lot. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. Unfortunately, Talia didnt make it. He alleged that the at-fault drivers negligence caused his permanent injuries. And, spinal fusion surgery is no different. In recent years, a flurry of lawsuits have been filed against a company called 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.". She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. 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 isn't a one-size-fits-all method of recovery after a failed first fusion. They should tell you about potential spinal fusion complications. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. When it comes to failed spinal fusion surgery, you need a personal injury attorney. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. After the incision is made, bone graft is prepared. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery to verify that an attorney is licensed in Florida. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. In some states, the information on this website may be considered a lawyer referral service. Court of Appeals, 5th Dist. 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. The result? And heres a more specific example. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. 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. 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. This case settled for $700,000. failed spinal fusion lawsuit. 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. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. A jury awarded $1,135,346. 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. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. Really top notch attorney, and law firm. DePuy ASR Hip Replacement Surgery Lawsuit and Settlement Guide, Most Common Spinal Fusion Complications, Risks, and Injuries, The Anatomy of the Spine and How It Is Affected by Spinal Fusion Surgery Failure, Common Causes of Failed Spinal Fusion Surgery. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. She alleged that the at-fault drivers negligent tailgating caused her injuries. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. He argued that the man excessively sped and failed to observe his vehicle. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. 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. Overview After any spine surgery, a percentage of patients may still experience pain. I can speak for personal injury cases in Florida. People sue over failed spinal fusions for a number of legal reasons. He is a Texas defective product lawyer & medical negligence . Read more about Enjuris. The SIJ syndrome might have been misdiagnosed before the fusion. Depending on the state you live in, you may need to prove that: If youre pursuing this avenue, a lawyer will want to prove that a reasonable patient would have said no to the procedure. She argued that the womans abrupt stop made the collision unavoidable. Chicago, IL 60602. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. Its very, very important. Sadly, Patricia became paralyzed. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. Complications with the spine hardware. And research is ongoing in an attempt to find bone graft substitutes. Ready to inquire about a spinal fusion lawsuit? 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. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. The doctor failed to recognize a complication during the procedure. 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. Especially if theyre suffering from a herniated disk or spinal stenosis. Other reasons for a failed spinal fusion can include: Severe infection or post-surgery complications Surrounding vertebrae/discs develop problems The fusion fails to take for a reason other than scar tissue Hardware or metal implant breakage Issues with a bone graft Patient experiences bleeding or blood clots Symptoms Treatment CLICK HERE She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. There are a lot of different opinions among equally skilled professionals. Pain or a feeling of numbness starting from the low back and spreading down the legs. The risk increases when more than one vertebrae level is fused. 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. 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. 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.