These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. clear, understandable information about muscles, bones and joints. He is genuine and really does care about his clients' well-being. 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. Spinal fusion surgery significantly increases the potential value of any back injury claim. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. 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. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). Therefore, spinal hardware (e.g. Factors influencing the average settlement for spinal fusion lawsuits include: If you think that you have a case based on the circumstances discussed in this article, contact our office by filling out a brief online form. Spinal fusion is a surgery that permanently joins bones in the spine. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. 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. The SIJ syndrome might have been misdiagnosed before the fusion. See more on that below. Overview After any spine surgery, a percentage of patients may still experience pain. But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. The one exception to this is in the case of locked pseudoarthrosis. 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 piece of fractured bone embedded into the protective covering of her spinal cord. Chicago, IL 60602. Working with David was a pleasure. She alleged that the at-fault drivers negligent tailgating caused her injuries. This case settled for $2,300,000. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. So, whos at risk for pseudarthrosis? 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. Is Minimally Invasive Spine Surgery Right for You? Registered. When it comes to failed spinal fusion surgery, you need a personal injury attorney. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. The man underwent multiple procedures. Or tingling sensation, weakness, or numbness. 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. There isnt a one-size-fits-all method of recovery after a failed first fusion. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. The surgery is conducted to make the spine stable or straight. 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. You can find more information on that below. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. These failed fusions can be caused by hardware failures. This site is for educational purposes only; no information is intended or implied to be a substitute for professional medical advice. Remember that all these statistics are flawed. Each vertebrae is made up of several parts. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat 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. Your spine has abnormal curvatures because of scoliosis or something like it. You have a right to hold guilty people liable for your suffering. Paralysis Caused by Negligent Spinal Fusion Surgery 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. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. This includes failed spinal fusions, which often lead to lawsuits. They tend to have a good chance of being over $1,000,000. Over 10,000 lawsuits were filed against Medtronic. These failed fusions can be caused by hardware failures. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. One of them, as noted by two plaintiffs in a class action lawsuit against Medtronic and its subsidiaries, is heterotopic bone growth or bone growth outside of the skeleton. This website is for informational and advertising purposes only. 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. 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. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. 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. If the answer is no, then you may have a case. If the spinal fusion is not successful the patient may feel back or leg pain, for example. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. When external measures like braces and therapy are not enough, surgery is usually required. 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. 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. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. In this review article, orthopedic spine surgeons from George Washington University Medical School bring us up-to-date on the problem of pseudarthrosis after spinal fusion. Constant pain which does not occur during the healing process. We advise to take all statistics with a grain of salt, because numbers vary a lot. 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. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. Spinal fusions can be performed from the posterior (back) or anterior (front). Dynamic means the X-rays are taken as the patient is moving. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. 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 Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. 4,000 claims have already been settled and the rest are predicted to be settled. Once you are past that window of time, you can no longer file. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. By contrast, whenever a back injury requires spinal fusion surgery (level 3 treatment) claims adjusters are forced to take it seriously and are less likely to dispute the plaintiffs pain & suffering claims. All rights reserved. But little did she know, that her surgeon. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. Spinal implants may be temporary or permanent. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. But the results dont really add anything more than what is seen on the X-rays. Many lawsuits have been filed against manufacturers of these products, including Medtronic. In some states, the information on this website may be considered a lawyer referral service. 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. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). A jury awarded $1,135,346. You have chronic lower back pain that requires spinal fusion surgery. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. 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. Spinal injury cases have a very high settlement value. 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. Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. Working with David was a pleasure. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. was 56 when she had spinal fusion surgery. The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. The woman underwent a cervical discectomy and fusion. Thin-slice CT scans have been used to assess the fusion site. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. In Patricias case, the surgery never should have happened. A real class act with your best interest at heart! There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. Metal failure (also called hardware failure, implant failure), especially early in the postoperative course after back surgery, is an indicator of continued gross spinal instability. Once this is complete, the surgeon will close the incision. This could be from a car accident, a slip and fall accident, or a construction accident. 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. A 52-year-old man was rear-ended. 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. If there are no symptoms, then it might warrant a wait-and-see approach. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. 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. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. An inspirational, peaceful, listening experience. 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. But there is no average, as the settlement amount I can cite for you. There are many different reasons to take legal action after a failed spinal fusion. Its use is still in the experimental phase. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. All Rights Reserved. This can make botched spinal fusion lawsuits harder to win. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. She then underwent a two-level cervical fusion. 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. In 2015, the FDA approved their use for lumbar procedures. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. A common reason for a failed fusion is that the patient's spine does not properly fuse. 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. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. Pain or a feeling of numbness starting from the low back and spreading down the legs. She argued that the womans abrupt stop made the collision unavoidable. A common reason for a failed fusion is that the patient's spine does not properly fuse. be considered sooner. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. 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? A man was broadsided by a police officer. Each patient is evaluated on an individual basis. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. A 51-year-old passenger was T-boned. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. Once the diagnosis has been made, what is the treatment for pseudarthrosis? When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Did something seem off about your experience? Symptoms That is one in five people. There are advantages and disadvantages for each choice. Spinal injury settlements can help you recover lost income, medical expenses and more. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. 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. I have had to resign my teaching position and I have no quality of life. The typical cost of spinal fusion surgery can range from $16,000 to $30,000 depending on various factors such as the type of fusion surgery, the location on the spine, and the location where the procedure is done. 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. The women alleged negligence against the surgeon. The range of injuries that can arise after a failed spinal fusion is quite large, because not only do these procedures operate directly on the spine, but the area in question is close to the spinal cord. He alleged that the at-fault drivers negligence caused his permanent injuries. The renter purchased coverage when he or she rented the car. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. In fusions, metal rods and screws are used to anchor the spine in place while . She injured her head, neck, and back. Get Veritas Health Newsletters delivered to your inbox. 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. Theres a lot of debate about what is and what isnt a solid fusion. The at-fault driver denied liability. The woman underwent chiropractic care, massage therapy, and spinal injections. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. The second reason spinal fusion surgery significantly increases the value of a back-injury case is that it validates the plaintiffs injury and pain & suffering claim. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. 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. A doctor is negligent during the operation. The range of injuries that can arise after a failed spinal fusion is quite large, because not only do these procedures operate directly on the spine, but the area in question is close to the spinal cord. The jury found the at-fault driver 100 percent liable. A reasonable patient would have wanted the information. 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. 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). I would not say that. FBSS stands for Failed Back Surgery Syndrome. 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. Lawsuits suggest that hundreds of individuals may have undergone spinal fusion surgery in recent years where fraudulent or counterfeit parts could have been implanted in their bodies,. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. This material is inserted between vertebrae and is meant to fuse them together. 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. Its important to understand that many states have a statute of limitations with personal injury cases. They were told that these procedures were necessary. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. 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 Lawsuit. The next level of treatment in most back-injury cases is epidural steroid injections. The patient was not a good candidate for the surgery in the first place. Many lawsuits have been filed against manufacturers of these products, including Medtronic. That said, the value of a pain and suffering claim involving a back or neck fusion surgery will probably fall somewhere between $250,000 and $400,000. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. Negligently performing the procedure and/or failing to recognize a complication. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. She suffered a traumatic brain injury, a neck injury, and a disc herniation. Its very, very important. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. He used plaster casts to improve curvature of the spine. Houston, TX 77057, The information on this website is for general information purposes only. This is very true in back injury cases involving spinal fusion surgery. A spinal fusion is meant to emulate that natural process. 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. The man alleged that the truck drivers negligence caused his injuries. Aching at a new location, different from the surgery site. Some of the decision depends on how the first fusion was done and the location (neck or low back). An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. It's 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 a surgical technique that is commonly used to treat back injuries resulting in chronic pain. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Allograft (donor bone from a bank) is dead and doesnt produce new bone. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. The procedure is used to stabilize, straighten or reduce pain in the spine. In general, it takes at least three months to get a solid fusion, and it can take up to a year after the spine surgery.