failed spinal fusion lawsuit

This could be from a car accident, a slip and fall accident, or a construction accident. In Patricias case, the surgery never should have happened. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. But she was also in pain. But then theres the risk of donor site morbidity (problems) as described. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. She injured her head, neck, and back. But anyone who has reduced blood supply or metabolic disorders such as heart disease or diabetes can also experience delayed wound healing or infections that can leave patients with lower fusion rates. Your email address will not be published. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. 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. Patients also claim that Medtronics used deceptive marketing to tout the wonders of their product and that its use actually has a very narrow application. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. Thats the down side. They will be more likely to discredit any alleged pain & suffering and devalue the claim. This can make botched spinal fusion lawsuits harder to win. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. 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. Two women underwent spinal fusions performed by the same surgeon. Spinal Fusion Settlements and Lawsuits (Cervical and Lumbar) Nevertheless, some people may feel pain in their leg after a lumbar decompression operation. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 fusion surgery. Spinal injury settlements can help you recover lost income, medical expenses and more. There isn't a one-size-fits-all method of recovery after a failed first fusion. 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. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. to verify that an attorney is licensed in Florida. Negotiating lawyers fees - how do accident lawyers charge? You have a right to hold guilty people liable for your suffering. There are two reasons for this. He alleged that the police officers negligence caused his injuries. A piece of fractured bone embedded into the protective covering of her spinal cord. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery And research is ongoing in an attempt to find bone graft substitutes. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. The procedure is used to stabilize, straighten or reduce pain in the spine. There are now also synthetic materials to encourage bone growth. Or a reasonable doctor would have given the information. The next level of treatment in most back-injury cases is epidural steroid injections. Surgical intervention on scoliosis patients would not occur again until the 20th century. Talias doctor didnt give her case the proper time and attention it needed. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. Below is a partial list of the awards and recognition that the attorneys / lawyers at our law firm have been awarded with, as well as a list of professional memberships. 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 He is a Texas defective product lawyer & medical negligence . If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. Second, talk to an attorney. If Level 1 (meds & physical therapy) and Level 2 (steroid injections) are not effective at eliminating chronic back injury pain, the third and final level of treatment is usually spinal fusion surgery. 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. But, lets say the cause of the unsuccessful surgery is negligence. Your spine has abnormal curvatures because of scoliosis or something like it. 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. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. The jury awarded a payout of $12,790,000. This material is inserted between vertebrae and is meant to fuse them together. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Like Patricia, you deserve to know all potential risks prior to surgery. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. But if something about your care seems questionable, seek the help of an experienced legal professional. overcome hurdles synonym LIVE An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. The patient was not a good candidate for the surgery in the first place. The woman also made a vicarious liability claim against the at-fault drivers employer. David delivered more than expected for me in every way and I would recommend him to anyone. That is one in five people. 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. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. 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. 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. They will gather all the information you need for a successful outcome. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. A doctor is negligent during the operation. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. 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. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? JZ helps (a Florida injury law firm). Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. 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. Up to half of patients who were treated with Infuse bone grafts had serious medical complications. 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. 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. There hasnt been much published yet on results of this technique. Like we covered earlier, it varies from state to state, and a lot. Failed Spinal Surgery Lawyer & Failed Back Surgery Lawyer - Texas Lawyers The risk increases when more than one vertebrae level is fused. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. This case settled for $700,000. 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 rental car companys insurance includes uninsured motorist coverage. The FDA issued a public health warning in 2008 regarding Medtronics Infuse Bone Grafts for use in cervical fusions, as the injection caused swelling of neck and throat tissue; compression of the airway and neurological structures in the neck; and difficulty swallowing and breathing. Obtain Long Term Pain Relief. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". 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. 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. *. What can the surgeon do for this problem? Of course, if part of the spine is immobilized, its going to change the way the spine moves. The one exception to this is in the case of locked pseudoarthrosis. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. Spinal injury cases have a very high settlement value. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. Ultimately, a jury must decide that question after hearing conflicting testimony from expert medical witnesses for both sides of the case. Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. David delivered more than expected for me in every way and I would recommend him to anyone. Spinal Fusion Lawsuit - The Schmidt Firm, PLLC | A National Law Firm Its use is still in the experimental phase. Would a reasonably skilled surgeon in the same position have made the same mistake? Not enough study has been done to clear up any questions about these modalities. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. A reasonable patient would have wanted the information. Sadly, Patricia became paralyzed. Complications with the spine hardware. Rods, screws or metal plates may also be implanted to stabilize the area. A spinal fusion can result in a lawsuit for a slew of reasons. There are three things to consider if you think youre a victim. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. But there is no average, as the settlement amount I can cite for you. This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. Aching at a new location, different from the surgery site. But of course it depends on the details of your case. 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. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. In 2015, the FDA approved their use for lumbar procedures. Patricia was 56 when she had spinal fusion surgery. The defense disputed the womans injury claims. Doctors should clearly communicate the risks involved. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Does that make these statistics useless? She argued that the womans abrupt stop made the collision unavoidable. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. Many lawsuits have been filed against manufacturers of these products, including Medtronic. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. For many, this surgery can bring forth a greater quality of life. When external measures like braces and therapy are not enough, surgery is usually required. There might be harvesting of bone graft, located close to the joint (in the iliac crest). Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. 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 manufacturer doesnt warn about the possible harm or defects in the implant. And thats because surgeons now have at their disposal better ways to perform the surgery and improved hardware such as pedicle screws and locking plates to hold the bones together. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. They allege that the company incentivised medical professionals to use their product, the Infuse. 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. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. 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. Injections can cause excess bone growth and crowd organs. Malpractice Claims for Spinal Fusion Complications & Errors Past Florida jury verdicts generally put the full value pain and suffering value of a single level fusion surgery at $250,000 to $400,000. Some of the most common injuries, risks, and complications that arise with spinal fusion surgery include: The spine is generally described as being divided into three major sections. The renter purchased coverage when he or she rented the car. The purpose is to straighten the spine or reduce pain. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. 2019 Ted Fund Donors The SIJ syndrome might have been misdiagnosed before the fusion. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. 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. It is much less likely to happen if only the L5-S1 level is fused, as this segment typically does not have much motion and fusing this level does not change the mechanics in the spine all that much. 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. Sadly, Patricia became paralyzed. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. Spinal Fusion Patients May Have Received Fake Medical Screws, Lawsuits Spinal Fusion Surgeries Lead to Malpractice Claims - Miller & Wagner And, spinal fusion surgery is no different. was 56 when she had spinal fusion surgery. Spinal Fusion Lawsuit. The police officer denied liability. A jury awarded $1,135,346. 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? Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility.

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