failed spinal fusion lawsuit
One of them sustained nerve damage caused by her surgery. failed spinal fusion lawsuit Average Settlement for Spinal Fusion | Compensation Payouts 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. We only represent people for injury or death that happened in Florida (or on a cruise). The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. Two women underwent spinal fusions performed by the same surgeon. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. A lawyer can preserve your claim. And research is ongoing in an attempt to find bone graft substitutes. Keep reading to learn more! We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. 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. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. 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. 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. 2018. In very unstable spines, it is therefore a race between the spine fusing (and the patients bone then providing support for the spine), and the metal failing. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. If you feel your complications and pain after a spinal fusion may warrant a lawsuit, these resources will be helpful: Please fill out the form or call (800) 734-4134 now, SEO Advantage, Inc. SEOLegal Division,Lawyer Marketing 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. He subsequently underwent three lumbar procedures. 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. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. 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 one exception to this is in the case of locked pseudoarthrosis. Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. Of course, if part of the spine is immobilized, its going to change the way the spine moves. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. 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. Back Surgery Lawyers Near Me | Back Surgeon and Back Surgery Types The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. 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. A reasonable patient would have wanted the information. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. A real class act with your best interest at heart! Malpractice Claims for Spinal Fusion Complications & Errors In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. The doctor recommended the surgery when it wasnt in the patients best interest. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. 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. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. A woman was rear-ended on an exit ramp. 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. Finding the best attorney to represent you, Personal injury vs. workers compensation, Food and Drug Administration approved Medtronics Infuse Bone Grafts, gone unreported by Medtronic in 13 studies, medical malpractice claims for unnecessary surgeries, Jules Guerin conducted the first fusions for patients with scoliosis, Spinal interventions became very necessary in the 1900s, Tips on finding a qualified personal injury attorney - where to look, Choosing a personal injury attorney interview questions. Free personal injury guides for download to print or save. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. They will be more likely to discredit any alleged pain & suffering and devalue the claim. Talias doctor didnt give her case the proper time and attention it needed. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. When the failure is on the part of the manufacturer (for example, a medical device company that offers a troublesome product), this is called products liability or defective products. Each section is made of individual bones called vertebrae. These failed fusions can be caused by hardware failures. Prior to this approval, titanium cages were implanted to reinforce the spinal column and Medtronics Infuse Bone Grafts were approved with the requirement that certain polyetheretherketone cages be used to reinforce the spinal column during the fusion. When external measures like braces and therapy are not enough, surgery is usually required. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. This surgery eliminates movement in that area and is a permanent solution. The risk increases when more than one vertebrae level is fused. Soon after the spinal fusion surgery, Scovil started experiencing increased back pain again, but was merely prescribed pain medication by his physician, the lawsuit says. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. He alleged that the at-fault drivers negligence caused his permanent injuries. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. Spinal Fusion Surgeries Lead to Malpractice Claims - Miller & Wagner These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? But she was also in pain. to verify that an attorney is licensed in Florida. There are a lot of different opinions among equally skilled professionals. He is genuine and really does care about his clients' well-being. They should tell you about potential spinal fusion complications. This proved to be a bad choice because childrens bones are still growing. JZ helps (a Florida injury law firm). The contact form sends information by non-encrypted email, which is not secure. The woman underwent chiropractic care, massage therapy, and spinal injections. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. At only 23 years old, Talia had an extremely bright future ahead of her. accelerated wear and tear on remaining vertebrae and possible chronic pain. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. 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. For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. 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. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. 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. According to the Mayo Clinic, common risks of spinal fusion include: infection poor wound healing bleeding blood clots injury to blood vessels or nerves in and around the spine How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? 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 . Fusions in the thoracic region, or the middle of the spine, are less common. Lawsuit Over Medtronic Infuse and LT-Cage Filed After Failed Spine Fusion If so, dont hesitate to contact our office. 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.". Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. The man could no longer work as a painter. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 1999-2023 Veritas Health, LLC. Negligently performing the procedure and/or failing to recognize a complication. David delivered more than expected for me in every way and I would recommend him to anyone. Unfortunately, she was injured during the surgery. It can occur without symptoms so the patient doesnt even know he or she has it. Houston, TX 77057, The information on this website is for general information purposes only. Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer 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. Studies show that fusion is almost always possible but symptoms dont always change as a result. She then underwent a two-level cervical fusion. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. This is taken either from the patients pelvic region or from a cadaver. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. The man underwent cervical and lumbar fusions. The defense admitted liability but disputed the injuries. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. The renter purchased coverage when he or she rented the car. But keep in mind this is not like looking at the average price of West Texas crude oil. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Thin-slice CT scans have been used to assess the fusion site. Make sure its not something serious. Registered. The vertebrae make up the weight bearing capabilities of the spine. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. You have a right to hold guilty people liable for your suffering. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. A common reason for a failed fusion is that the patient's spine does not properly fuse. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. But every situation is different, and thats why its important to speak with an attorney. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. The procedure is used to stabilize, straighten or reduce pain in the spine. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. A spinal fusion is meant to emulate that natural process. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. There are two reasons for this. 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. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. Aching at a new location, different from the surgery site. They tend to have a good chance of being over $1,000,000. 2603 Augusta Suite 1300 Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts.