However, if you live in Florida and the incident happened in another state, we may be able to represent you. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. If the parts of the spine which have been operated on do not manage to fuse and heal properly, there might be pain which could progress over time. He subsequently underwent three lumbar procedures. 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. 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. 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. She was smart, beautiful, and had a special artistic ability. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. Pain or a feeling of numbness starting from the low back and spreading down the legs. And just how much motion constitutes a failed fusion remains fuzzy. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. Hampton & King. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. These failed fusions can be caused by hardware failures. 2603 Augusta Suite 1300 JZ helps (a Florida injury law firm). 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. When the shiny newness of the surgery faded, patients began reporting poor recoveries. 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. Next Page: Houston, TX 77057, The information on this website is for general information purposes only. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). You have a right to hold guilty people liable for your suffering. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. There are many opportunities for these situations to arise, as low back pain is the leading cause of disability globally, and up to 80% of the population will experience back pain sometime in their life. The metal pieces hold the bones together while it heals. Up to half of patients who received this treatment experienced serious medical complications, which had gone unreported by Medtronic in 13 studies. One of them sustained nerve damage caused by her surgery. Call us at 800-553-8082 or submit a request for a free consultation. There are many different reasons to take legal action after a failed spinal fusion. The police officer denied liability. 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. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. 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. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. But the results dont really add anything more than what is seen on the X-rays. Are you experiencing any of these symptoms? The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. Like Patricia, you deserve to know all potential risks prior to surgery. A spinal cord contusion. 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 hasnt been much published yet on results of this technique. The defense admitted liability but disputed the injuries. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. Thin-slice CT scans have been used to assess the fusion site. She then underwent a two-level cervical fusion. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. 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. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. A common reason for a failed fusion is that the patient's spine does not properly fuse. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. Nerve damage that is either temporary or permanent. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. This could be from a car accident, a slip and fall accident, or a construction accident. The surgery can correct a herniated disc or repair a damaged spine. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. Over 10,000 lawsuits were filed against Medtronic. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery A spinal fusion is a major surgery. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. But there is no average, as the settlement amount I can cite for you. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. 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. Dynamic means the X-rays are taken as the patient is moving. clear, understandable information about muscles, bones and joints. Finally, how well does it work to try a different approach when treating failed fusions? This is a tragedy that could have been prevented. Spinal fusions can be performed from the posterior (back) or anterior (front). Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. The name of this condition is adjacent segment disease. The pain is worse than before the fusion and is getting worse. Each vertebrae is made up of several parts. I would not say that. This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. 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. Yes. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. This website, and all of its contents, is not intended, and does not create any attorney-client relationship between the viewer/reader and the attorneys at Schwaner Injury Law without the existence of a retained relationship. A 51-year-old passenger was T-boned. 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. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. Rods, screws or metal plates may also be implanted to stabilize the area. You can find more information on that below. 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. Very often, a form of tuberculosis emerged in a patients vertebrae. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? 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. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. The potential risks of Medtronics Infuse Bone Grafts included: Unfortunately, up to half the patients treated with Medtronics device ended up with serious medical complications. What can the surgeon do for this problem? Spinal fusion is a surgery that permanently joins bones in the spine. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. If the answer is no, then you may have a case. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. Spinal fusion surgery significantly increases the potential value of any back injury claim. 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. Or a reasonable doctor would have given the information. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). Doctors should clearly communicate the risks involved. You have a broken vertebra from a severe injury that needs repair. cutting kaizen foam for sockets / how to reactivate silica gel in microwave / how to reactivate silica gel in microwave The next level of treatment in most back-injury cases is epidural steroid injections. This degeneration is most likely to happen after a two-level fusion (e.g. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. But she was also in pain. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. 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. Chicago, IL 60602. As the spine moves, the metal hardware that is inside might give in and break. The risk increases when more than one vertebrae level is fused. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. Patricia was 56 when she had spinal fusion surgery. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. Obtain Long Term Pain Relief. He injured his neck, lower back, and right leg. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. These failed fusions can be caused by hardware failures. 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. These cases are generally due to injury or disease. I have had to resign my teaching position and I have no quality of life. We strongly recommend that, if you are in need of legal advice, you should consult in person with an attorney who is fully aware of your needs. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. 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. How much money can you get from a spinal fusion surgery lawsuit or settlement? 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. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. 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. Spinal fusion procedures that triggered many of the 17 lawsuits lodged against a former Ventura neurosurgeon regularly spawn litigation and are sometimes used on patients who have little chance of benefiting, according to surgeon specialists at USC and UCLA. 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. Future lost income reduced to present value, Loss of capacity for the enjoyment of life, condition occurred with regularity and was therefore foreseeable, length of time that Target should have known it was there, metal rack that was holding the rug and the rug itself allegedly came loose and fell on the shoppers, things that can affect how much your injury case is worth, customer has 4 years to sue Home Depot if injured inside the store, shoulder surgery on a client of mine whose case I settled for $210,000, emotional well-being had been affected by theaccident, quality of her relationship with her husband had beenaffected by her accident related injuries, settled several injury cases with Travelers, injured persons age often affects the value of a case, uninsured/underinsured (UM/UIM) motorist coverage, National Car Rental also offers $100,000 in UM coverage, Avis website says that Additional Liability Insurance does, find out for FREEif we can represent you, Florida Motor Vehicle No-Fault Law, Personal Injury Protection (PIP), settled cases throughout the entire state of Florida. 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. 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. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. This is taken either from the patients pelvic region or from a cadaver. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. Therefore, spinal hardware (e.g. 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. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. ", "Working with David was a pleasure. For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. 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. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. They should tell you about potential spinal fusion complications. 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. She underwent a two-level cervical fusion and discectomy. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. Spinal injury cases have a very high settlement value. 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 is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). 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. Copyright 2020 The Schmidt Firm, PLLC. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. 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. The procedure is used to stabilize, straighten or reduce pain in the spine. Sadly, Patricia became paralyzed. The defense admitted liability but disputed the injuries. This proved to be a poor choice because childrens bones are still growing. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. And it varies widely from state to state as well. If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. Once the diagnosis has been made, what is the treatment for pseudarthrosis? 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. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. 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 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. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. The attorney listings on this site are paid attorney advertising. Unfortunately, she was injured during the surgery. A woman was rear-ended on an exit ramp. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. If so, dont hesitate to contact our office. 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. Remember that all these statistics are flawed. 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 result? Houston SEO | Hyperlinks Media by Hyperlinks Media. The vertebrae make up the weight bearing capabilities of the spine. A piece of fractured bone embedded into the protective covering of her spinal cord. Even though you might have chosen the best surgeons, sometimes procedures fail. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. In 2015 it was approved by the FDA for use in lumbar procedures that also require the use of a cage to reinforce the spinal column while the vertebrae fuse. Read more about Enjuris. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. Thats the down side. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. The third and highest level of treatment in back cases is usually spinal fusion surgery. That is one in five people. He alleged that the at-fault drivers negligence caused his permanent injuries. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. Up to half of patients who were treated with Infuse bone grafts had serious medical complications. Negligently performing the procedure and/or failing to recognize a complication. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. Recovery from spinal surgery takes months. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. Cages have been made of titanium for the most part. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. 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. Spinal Fusion Lawsuit. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. accelerated wear and tear on remaining vertebrae and possible chronic pain. This includes failed spinal fusions, which often lead to lawsuits. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. Since many patients who undergo a failed spinal fusion surgery are entitled to compensation, hiring a personal injury attorney can help get you the outcome you deserve. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. Nowadays, surgery is a lot better than it used to be, say, 20 years ago. Unfortunately, she was injured during the surgery. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. After the incision is made, bone graft is prepared. This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. The man alleged that the truck drivers negligence caused his injuries. 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. *. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. It is also used in eliminating pain along the spine. 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. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. People sue over failed spinal fusions for a number of legal reasons. She alleged that the at-fault drivers negligent tailgating caused her injuries. And your doctors should communicate any alternative treatment options available. As time passes and the patients back begins to heal, he/she may start being more active. 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. It generally goes away after a few days or weeks. The surgeon was negligent while performing surgery, A surgical implant was marketed as safe and effective when the manufacturer knew it wasnt (see Medtronics Infuse Bone Graft, below, which describes what happened when this injection was marketed for conditions the FDA had not approved), A surgical implants defects were related to its design, marketing or manufacture, The manufacturer knew or should have known about the defects, The manufacturer failed to warn patients about the implants defects and potential harm, Broken or defective spinal implants, such as pedicle screws, Injury to surrounding tissues and blood vessels. You have back pain caused by degenerative disc disease. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. More treatment equals more damages. 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. The defense disputed the womans injury claims. 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.