The woman could no longer work. The defense admitted liability but disputed the injuries. Minor back injuries that only require pain medications and physical therapy have a relatively low value. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. You have a right to hold guilty people liable for your suffering. Its very, very important. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. Dynamic means the X-rays are taken as the patient is moving. Injuries, risks and complications after failed spinal fusions, Existing litigation for spinal fusion medical devices, FDA actions regarding spinal fusion medical devices, What to do if your spinal fusion is causing issues. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The jury awarded a payout of $12,790,000. The procedure is used to stabilize, straighten or reduce pain in the spine. 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. Two women underwent spinal fusions performed by the same surgeon. Thin-slice CT scans have been used to assess the fusion site. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. Unfortunately, she was injured during the surgery. A reasonable patient would have wanted the information. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 fusion surgery. Or a reasonable doctor would have given the information. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. The renter purchased coverage when he or she rented the car. I can speak for personal injury cases in Florida. I understand that submitting this form does not create an attorney-client relationship. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. This website is for informational and advertising purposes only. Studies show that fusion is almost always possible but symptoms dont always change as a result. The contact form sends information by non-encrypted email, which is not secure. And heres a more specific example. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Schwaner Injury Law is committed to helping individuals and families with personal injury cases throughout Illinois and are proud to service the following cities: Chicago, Chicago Heights, Aurora, Schaumburg, Palatine, Skokie, Tinley Park, Mount Prospect, Arlington Heights, Des Plaines, Oak Park, Downers Grove, Elmhurst, Lombard, Buffalo Grove, Bartlett, Streamwood, Carol Stream, Park Ridge, Addison, Northbrook. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. And just how much motion constitutes a failed fusion remains fuzzy. 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. The man underwent cervical and lumbar fusions. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. Surgery may be able to fix the condition but not eliminate the pain. 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. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. The most widespread are: It depends on a number of things. Are there any hidden costs? A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. They awarded the woman $1,051,800. Of course, if part of the spine is immobilized, its going to change the way the spine moves. The surgery was supposed to relieve pain in her neck, arms, and hands. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. Finally, how well does it work to try a different approach when treating failed fusions? There are now also synthetic materials to encourage bone growth. Surgical intervention on scoliosis patients would not occur again until the 20th century. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. There isn't a one-size-fits-all method of recovery after a failed first fusion. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. 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 This proved to be a bad choice because childrens bones are still growing. Spinal injury settlements can help you recover lost income, medical expenses and more. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. Fusions in the thoracic region, or the middle of the spine, are less common. Houston, TX 77057, The information on this website is for general information purposes only. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Each patient is evaluated on an individual basis. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. 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. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? He subsequently underwent three lumbar procedures. 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. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. There are three things to consider if you think youre a victim. This is taken either from the patients pelvic region or from a cadaver. Home; About. He injured his neck, lower back, and right leg. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. Smokers and patients who do not follow the guidelines for movement restriction during the post-operative period are at the greatest risk of failed fusion. 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. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. Our Maryland personal injury lawyers see a lot of back injuries and we have seen first-hand how spinal fusion surgery can double or triple the settlement value of these cases. A doctor is negligent during the operation. Cages have been made of titanium for the most part. Suite 801A Hampton & King. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. Nowadays, surgery is a lot better than it used to be, say, 20 years ago. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. 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. If your complications and pain warrant a lawsuit, your personal injury attorney in Illinois can help you navigate the system. Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. A life taken away, and family and friends left to pick up the pieces. After the fusion, the mechanical work load may have increased. They will be more likely to discredit any alleged pain & suffering and devalue the claim. He used plaster casts to improve curvature of the spine. Any and all correspondence, including email, between the viewer/reader and the attorneys at Schwaner Injury Law is confidential and protected by the laws applicable to attorney-client privileges, however it does not create any binding legal representation unless specifically contracted to for representation through a written contract for representation. Spinal fusions can be performed from the posterior (back) or anterior (front). 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. In many cases, this surgery is necessary because a patients spine is no longer capable of supporting the normal load and stress of the body. They tend to have a good chance of being over $1,000,000. If there are no symptoms, then it might warrant a wait-and-see approach. Those changes interfere in judging whether or not the fusion is completed. 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. 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. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. Read more about Enjuris. Spinal injury cases have a very high settlement value. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. David delivered more than expected for me in every way and I would recommend him to anyone. And your doctors should communicate any alternative treatment options available. Copyright 2020 The Schmidt Firm, PLLC. Speaking with your doctor is always a good first step, because while back pain might automatically mean a bad day for your spine, to your doctor it could mean something else like kidney stones, for example. If this happens, the patient will start to feel more pain. Its important to understand that many states have a statute of limitations with personal injury cases. And research is ongoing in an attempt to find bone graft substitutes. It depends on a number of things. A common reason for a failed fusion is that the patient's spine does not properly fuse. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). The rental car companys insurance includes uninsured motorist coverage. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. 4,000 claims have already been settled and the rest are predicted to be settled. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. Many lawsuits have been filed against manufacturers of these products, including Medtronic. You have a broken vertebra from a severe injury that needs repair. A real class act with your best interest at heart! Or ache which starts from a certain area and moves to another. Doctors should clearly communicate the risks involved. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. But there are so many variables that come into play so dont discount your situation without talking to a professional. 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. More treatment equals more damages. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. This is expected to bar future claims of this kind. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. There are a lot of different opinions among equally skilled professionals. But she was also in pain. 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. Patricia was 56 when she had spinal fusion surgery. Court of Appeals, 5th Dist. The pain is usually caused by the nerve roots that need to heal. You have back pain caused by degenerative disc disease. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. 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. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. She alleged that the at-fault drivers negligent tailgating caused her injuries. Ultimately, a jury must decide that question after hearing conflicting testimony from expert medical witnesses for both sides of the case. Its very, very important. There might be harvesting of bone graft, located close to the joint (in the iliac crest). Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. The manufacturer doesnt warn about the possible harm or defects in the implant. Pain or a feeling of numbness starting from the low back and spreading down the legs. Once these are removed, they are replaced with metal devices that stabilize the spine. 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. 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. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. Like we covered earlier, it varies from state to state, and a lot. Patients should think very hard about whether they want to proceed, because spinal fusions are permanent. 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. Over 10,000 lawsuits were filed against Medtronic. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. Given the well-known complications of spinal fusions, your doctor most likely detailed those risks to you in person and had you sign an informed consent sheet before the procedure. Your spine has abnormal curvatures because of scoliosis or something like it. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. But keep in mind this is not like looking at the average price of West Texas crude oil. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. Every surgical procedures carries some risk, and of course your doctor cant predict everything. For many, this surgery can bring forth a greater quality of life. As time passes and the patients back begins to heal, he/she may start being more active. Once you are past that window of time, you can no longer file. Other types of lawsuits around spinal fusions are medical malpractice claims for unnecessary surgeries and negligence claims for botched procedures (even one by professional wrestler Hulk Hogan), products liability, and wrongful death. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. But little did she know, that her surgeon. 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 bones, called vertebrae, are fused together to form one solid bone. A patient may experience recurrent pain many years after a spine fusion surgery. She suffered a traumatic brain injury, a neck injury, and a disc herniation. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. 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. Negligently performing the procedure and/or failing to recognize a complication. Your email address will not be published. A jury awarded $1,135,346. 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 risk increases when more than one vertebrae level is fused. Thats a benefit as the body fills in the fusion site faster. The vertebrae make up the weight bearing capabilities of the spine. 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. 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. 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. 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. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. The defense disputed the womans injury claims. For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. Dr. Russell Hibbs, the surgeon-in-chief at New York Orthopedic Hospital, opened a clinic devoted to tuberculosis patients and began performing spinal fusions to treat these deformities. 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. But every situation is different, and thats why its important to speak with an attorney. *. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. (Had they been given the information.) If so, dont hesitate to contact our office. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Even though you might have chosen the best surgeons, sometimes procedures fail. Are you a patient who underwent a spinal fusion surgery that failed? Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. If you or a loved one are suffering from these devastating effects, we want to help. In fusions, metal rods and screws are used to anchor the spine in place while . The SIJ syndrome might have been misdiagnosed before the fusion. So, whos at risk for pseudarthrosis? After the incision is made, bone graft is prepared. 2603 Augusta Suite 1300 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. People sue over failed spinal fusions for a number of legal reasons. Its likely your doctor had you sign a consent formexplaining that you understood the risks. Really top notch attorney, and law firm. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. The fusion worked great for the first 5-6 months after which the pain returned. The woman also made a vicarious liability claim against the at-fault drivers employer. 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.

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