They allege that the company incentivised medical professionals to use their product, the Infuse. This website is for informational and advertising purposes only. 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. Houston, TX 77057, The information on this website is for general information purposes only. One of them sustained nerve damage caused by her surgery. Doctors should clearly communicate the risks involved. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). Unfortunately, early versions of the product were recalled in April 2010 after the manufacturer, SeaSpine, and the FDA received at least 13 adverse event reports. 1999-2023 Veritas Health, LLC. 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. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. And research is ongoing in an attempt to find bone graft substitutes. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. Malpractice Claims for Spinal Fusion Complications & Errors As time passes and the patients back begins to heal, he/she may start being more active. 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. They should tell you about potential spinal fusion complications. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. A patient may experience recurrent pain many years after a spine fusion surgery. Unfortunately, she was injured during the surgery. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. 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. Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. 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. How does the physician diagnose pseudarthrosis? 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. 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. After the incision is made, bone graft is prepared. A common reason for a failed fusion is that the patient's spine does not properly fuse. If there are no symptoms, then it might warrant a wait-and-see approach. And, spinal fusion surgery is no different. It can occur without symptoms so the patient doesnt even know he or she has it. Spinal Fusion Lawsuit - The Schmidt Firm, PLLC | A National Law Firm For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. FBSS stands for Failed Back Surgery Syndrome. Copyright 2020 The Schmidt Firm, PLLC. Can I Sue for Failed Spinal Fusion Surgery? For many, this surgery can bring forth a greater quality of life. Surgical intervention on scoliosis patients would not occur again until the 20th century. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. They included a revision fusion, a decompression, and a laminectomy. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. This case is different from the others because it is a medical malpractice claim. 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. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. Negotiating lawyers fees - how do accident lawyers charge? Studies show that fusion is almost always possible but symptoms dont always change as a result. They should tell you about potential spinal fusion complications. A common reason for a failed fusion is that the patient's spine does not properly fuse. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. These failed fusions can be caused by hardware failures. 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 Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? The police officer denied liability. Each section is made of individual bones called vertebrae. failed spinal fusion lawsuit failed spinal fusion lawsuit The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. Houston SEO | Hyperlinks Media by Hyperlinks Media. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. 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. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. 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. A spinal fusion can result in a lawsuit for a slew of reasons. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. Symptoms ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. Spinal Fusion Settlements and Lawsuits (Cervical and Lumbar) Minor back injuries that only require pain medications and physical therapy have a relatively low value. Unfortunately, some spinal fusion surgeries fail. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Like Patricia, you deserve to know all potential risks prior to surgery. 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. The patient was not a good candidate for the surgery in the first place. And it varies widely from state to state as well. Call us at 800-553-8082 or submit a request for a free consultation. Settlement Amounts for Spinal Fusion + Stenosis Lawsuits in Texas Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 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. These concentrated synthetic proteins were used for spinal fusion surgery. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. Obtain Long Term Pain Relief. 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. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. The at-fault driver denied liability. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. A piece of fractured bone embedded into the protective covering of her spinal cord. Failed Spinal Fusion Symptoms & Treatments - BSSNY He is genuine and really does care about his clients' well-being. 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. Once you are past that window of time, you can no longer file. There are many reasons spinal fusion surgeries fail. However, if you live in Florida and the incident happened in another state, we may be able to represent you. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). She underwent a two-level cervical fusion and discectomy. 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. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. They awarded the woman $1,051,800. Back Surgery Lawyers Near Me | Back Surgeon and Back Surgery Types If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. There are many reasons a doctor may suggest a possible spinal fusion surgery, but here are a few: No matter what injury or condition brings you to the doctor, you deserve quality care. Spinal fusions can be performed from the posterior (back) or anterior (front). 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. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. 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. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. If so, dont hesitate to contact our office. 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 most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. If you or a family member have been the victim of a failed spinal cord surgery including a defective neurostimulation implant, please feel free to submit an inquiry or send an e-mail to Texas failed back surgery lawyer and defective implantable neurostimulation lawyer Jason Coomer. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. Spinal Fusion Patients May Have Received Fake Medical Screws, Lawsuits Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, injury to blood vessels or nerves in and around the spine, pain at the site from which a bone graft is taken, and. 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. If your claim is that your doctor failed to fully warn you of all the risks of a spinal fusion (called "lack of informed consent"), depending on your state you will either need to prove that a reasonable patient would have wanted the missing information or that a reasonable doctor would have included the information. But she was also in pain. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. Suite 801A He alleged that the police officers negligence caused his injuries. You have a broken vertebra from a severe injury that needs repair. This is a tragedy that could have been prevented. 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. David delivered more than expected for me in every way and I would recommend him to anyone. Court of Appeals, 5th Dist. failed spinal fusion lawsuit - wellofinspiration.stream Medical Malpractice: Spinal Fusion Surgery - Zevan Davidson Roman, LLC This surgery eliminates movement in that area and is a permanent solution. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. The woman underwent chiropractic care, massage therapy, and spinal injections. This is taken either from the patients pelvic region or from a cadaver. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. The surgery is conducted to make the spine stable or straight. Doctors should clearly communicate the risks involved. Spinal Fusion Lawsuit. The surgery was supposed to relieve pain in her neck, arms, and hands. Working with David was a pleasure. When the shiny newness of the surgery faded, patients began reporting poor recoveries. 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. 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 . For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. Overview After any spine surgery, a percentage of patients may still experience pain. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. clear, understandable information about muscles, bones and joints. 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. Your spine has abnormal curvatures because of scoliosis or something like it. How much money can you get from a spinal fusion surgery lawsuit or settlement? The one exception to this is in the case of locked pseudoarthrosis. cutting kaizen foam for sockets / how to reactivate silica gel in microwave / how to reactivate silica gel in microwave When the fusion is for back pain and/or spinal instability, there is a correlation (although weak) between obtaining a solid fusion and having a better result of the spine surgery. The surgery was supposed to relieve pain in her neck, arms, and hands. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. I have had to resign my teaching position and I have no quality of life. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. Your spine is weak because of infection (or tumors). They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. 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. 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. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. They were told that these procedures were necessary. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. Spinal fusion surgery significantly increases the potential value of any back injury claim. Or a reasonable doctor would have given the information. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. In some states, the information on this website may be considered a lawyer referral service. A real class act with your best interest at heart! There might be harvesting of bone graft, located close to the joint (in the iliac crest). Failed Back and Failed Fusion Syndrome | Cedars-Sinai Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. Every surgical procedures carries some risk, and of course your doctor cant predict everything. JZ helps (a Florida injury law firm). That is one in five people. 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. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. 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. When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. She then underwent a two-level cervical fusion. The womens symptoms failed to resolve. David delivered more than expected for me in every way and I would recommend him to anyone. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Those changes interfere in judging whether or not the fusion is completed. 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. But then theres the risk of donor site morbidity (problems) as described. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. We only represent people for injury or death that happened in Florida (or on a cruise). Yes. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. Spinal Fusion Surgeries Lead to Malpractice Claims - Miller & Wagner A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. The vertebrae make up the weight bearing capabilities of the spine. She was smart, beautiful, and had a special artistic ability. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. Paralysis Caused by Negligent Spinal Fusion Surgery Nothing on this site should be taken as legal advice for any individual case or situation. A settlement for $1,250,000 was reached before trial. 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. The jury found the at-fault driver 100 percent liable. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. Sadly, Patricia became paralyzed. Spinal implants may be temporary or permanent. The third and highest level of treatment in back cases is usually spinal fusion surgery. This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery.