This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. 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. 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? The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. 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). Hampton & King. All rights reserved. Spinal Fusion Lawsuit. *. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. 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. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. Its 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 fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. Yes. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. Injections can cause excess bone growth and crowd organs. Perhaps you will no longer be able to turn your neck or your lower back no longer bends. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. Remember that all these statistics are flawed. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. The manufacturer doesnt warn about the possible harm or defects in the implant. The woman underwent a cervical discectomy and fusion. accelerated wear and tear on remaining vertebrae and possible chronic pain. 4,000 claims have already been settled and the rest are predicted to be settled. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. Negotiating lawyers fees - how do accident lawyers charge? 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. When spinal fusion surgery fails as a result of medical malpractice, your doctor may be responsible. FBSS stands for Failed Back Surgery Syndrome. The man underwent multiple procedures. This website also references past case results from this firm, those are only a representation of our work and not a guarantee of a similar result for your case, or any case. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. For both the cervical and lumbar spine, human bone morphogenetic protein (rhBMP-2) has been tried with mixed results. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from $250,000 to $400,000. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. This could be from a car accident, a slip and fall accident, or a construction accident. A spinal cord contusion. Financial compensation may include coverage for: Additionally, the families of patients who die as a result of failed spinal fusion surgery may be entitled to wrongful death compensation. Once this is complete, the surgeon will close the incision. In addition to the primary reasons for failed back surgery syndrome (FBSS) discussed on the prior page, there are several reasons why a spinal fusion might fail to alleviate a patients back pain after surgery, including fusion and implant failures, and transfer lesions. The contact form sends information by non-encrypted email, which is not secure. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. Home; About. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. 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. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. 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. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. 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. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Rods, screws or metal plates may also be implanted to stabilize the area. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. The pain is worse than before the fusion and is getting worse. Spinal fusions can be traced back to the 5th century BCE. JZ helps (a Florida injury law firm). Start here to find personal injury lawyers near you. 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. David delivered more than expected for me in every way and I would recommend him to anyone. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. This is a tragedy that could have been prevented. The surgery was supposed to relieve pain in her neck, arms, and hands. A spinal fusion is meant to emulate that natural process. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. This is expected to bar future claims of this kind. 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 rental car companys insurance includes uninsured motorist coverage. They tend to have a good chance of being over $1,000,000. In addition, we service the following neighborhoods in Chicago: The Gold Coast, Goose Island, Magnificent Mile, Old Town, River North, River West, Streeterville, Loop, Near East Side, South Loop, West Loop Gate, Dearborn Park, Printer's Row, South Loop, Prairie Avenue Historic District, Old Town, North Side, North Center, Horner Park, Roscoe Village, Boystown, Lake View East, Graceland West, South East Ravenswood, Wrigleyville, West DePaul, Old Town Triangle, Park West, Ranch Triangle, Sheffield Neighbors, Wrightwood Neighbors, Belmont Gardens, Chicago's Polish Village, Kosciuszko Park, Belmont Gardens, Bucktown, Kosciuszko Park, Palmer Square. The vertebrae make up the weight bearing capabilities of the spine. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. A woman was rear-ended on an exit ramp. 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. Working with David was a pleasure. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. 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. He injured his neck, lower back, and right 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. I can speak for personal injury cases in Florida. These failed fusions can be caused by hardware failures. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. Negligently performing the procedure and/or failing to recognize a complication. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. But newer implants made of plastic or porous tantalum are being tried in hopes that fusion rates can be improved with better bone in-growth. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. 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. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. There hasnt been much published yet on results of this technique. 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. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. The defense disputed the womans injury claims. The Cardiff Anterior Cervical Plate System, also known as the ACP System, is a metal plate that is screwed into a patients spine to stabilize the area after a spinal fusion surgery. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. The surgery was supposed to relieve pain in her neck, arms, and hands. A 44-year-old woman was involved in a chain-reaction collision. He is genuine and really does care about his clients' well-being. 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. But then theres the risk of donor site morbidity (problems) as described. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. 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. Registered. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. 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 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. 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. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. If you or a loved one are suffering from these devastating effects, we want to help. Smokers and patients who do not follow the guidelines for movement restriction during the post-operative period are at the greatest risk of failed fusion. He subsequently underwent three lumbar procedures. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). Not enough study has been done to clear up any questions about these modalities. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. Theres a lot of debate about what is and what isnt a solid fusion. 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. 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. As the spine moves, the metal hardware that is inside might give in and break. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. But, lets say the cause of the unsuccessful surgery is negligence. Each vertebrae is made up of several parts. Your email address will not be published. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. Houston, TX 77057, The information on this website is for general information purposes only. 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. Court of Appeals, 5th Dist. But there is no average, as the settlement amount I can cite for you. 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. 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. This is taken either from the patients pelvic region or from a cadaver. Therefore, spinal hardware (e.g. 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. Did something seem off about your experience? This includes failed spinal fusions, which often lead to lawsuits. 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. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. When the shiny newness of the surgery faded, patients began reporting poor recoveries. There might be harvesting of bone graft, located close to the joint (in the iliac crest). Constant pain which does not occur during the healing process. be considered sooner. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. An inspirational, peaceful, listening experience. 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. In some states, the information on this website may be considered a lawyer referral service. Cages have been made of titanium for the most part. 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. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. 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. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. Of course, if part of the spine is immobilized, its going to change the way the spine moves. This includes failed spinal fusions, which often lead to lawsuits. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. It generally goes away after a few days or weeks. Schwaner Injury Law is committed to helping individuals and families with personal injury cases throughout Illinois and are proud to service the following cities: Chicago, Chicago Heights, Aurora, Schaumburg, Palatine, Skokie, Tinley Park, Mount Prospect, Arlington Heights, Des Plaines, Oak Park, Downers Grove, Elmhurst, Lombard, Buffalo Grove, Bartlett, Streamwood, Carol Stream, Park Ridge, Addison, Northbrook. He alleged that the police officers negligence caused his injuries. A real class act with your best interest at heart! Not only is David knowledgeable and a gifted attorney, hes a very sympathetic individual who takes the time to get to know you and your situation. This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery. Nowadays, surgery is a lot better than it used to be, say, 20 years ago. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. There are a lot of different opinions among equally skilled professionals.