To make matters even more unfortunate, the device was used on children. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. 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. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Failing to fully inform you of all the risks before performing the procedure. Surgery may be able to fix the condition but not eliminate the pain. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. 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. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. The surgery was supposed to relieve pain in her neck, arms, and hands. David delivered more than expected for me in every way and I would recommend him to anyone. For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. 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. Each section is made of individual bones called vertebrae. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. Injections can cause excess bone growth and crowd organs. 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. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. 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. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. Negotiating lawyers fees - how do accident lawyers charge? The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. There are many different reasons to take legal action after a failed spinal fusion. A patient may experience recurrent pain many years after a spine fusion surgery. The jury awarded a payout of $12,790,000. The canals of the spine might start to narrow and the nerves right below and above the immobilized by the fusion sector might be affected. *. The women alleged negligence against the surgeon. Your spine has abnormal curvatures because of scoliosis or something like it. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. The most popular reasons for this type of lawsuit are the following: Conduct on the part of the surgeon or hospital would fall under two areas of law called negligence and medical malpractice. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. They will gather all the information you need for a successful outcome. Call us at 800-553-8082 or submit a request for a free consultation. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. The woman underwent chiropractic care, massage therapy, and spinal injections. ", 111 N Wabash Avenue Houston SEO | Hyperlinks Media by Hyperlinks Media. 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. The man alleged that the truck drivers negligence caused his injuries. A settlement for $1,250,000 was reached before trial. The most widespread are: It depends on a number of things. Spinal injury settlements can help you recover lost income, medical expenses and more. Home; About. 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 The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. This surgery eliminates movement in that area and is a permanent solution. 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. 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. 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. Overview After any spine surgery, a percentage of patients may still experience pain. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. Once this is complete, the surgeon will close the incision. This case settled for $700,000. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. 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. Second, talk to an attorney. Kornitzer's spinal fusion malpractice lawsuit includes allegations of negligence against his doctor and the New Jersey Spine Institute, claiming that they failed to follow the appropriate. Poor surgical technique. 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,. There isn't a one-size-fits-all method of recovery after a failed first fusion. There are many reasons spinal fusion surgeries fail. This proved to be a bad choice because childrens bones are still growing. Not only is David knowledgeable and a gifted attorney, hes a very sympathetic individual who takes the time to get to know you and your situation. There are a lot of different opinions among equally skilled professionals. These failed fusions can be caused by hardware failures. What can the surgeon do for this problem? 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. But there are so many variables that come into play so dont discount your situation without talking to a professional. These failed fusions can be caused by hardware failures. This case settled for $2,300,000. This is a tragedy that could have been prevented. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. The information is produced and reviewed by over 200 medical professionals with the goal of providing trusted, uniquely informative information for people with painful health conditions. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. There are advantages and disadvantages for each choice. 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 man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. 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. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. 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. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! Chicago, IL 60602. Court of Appeals, 5th Dist. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. Suite 801A In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. He used plaster casts to improve curvature 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. Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. This does not present as much of a problem for elderly patients, since they tend to not be as active nor do they have the fusion for as many years. There will likely be redness, tenderness, increased pain (at least for the first few weeks), muscle tightness, discharge from the incision site, shaking, fevers and chills. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. This case is different from the others because it is a medical malpractice claim. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. Spinal fusions can be performed from the posterior (back) or anterior (front). Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. Jumping right into a complicated surgery resulted in Patricia never being able to walk again. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. But if something about your care seems questionable, seek the help of an experienced legal professional. Is Minimally Invasive Spine Surgery Right for You? 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. Spinal fusion surgery is used to treat many accident-related back injuries, including: As a general rule, in personal injury cases, all surgery greatly increases the potential settlement value of the plaintiffs injuries. 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. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. 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. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. Some of the decision depends on how the first fusion was done and the location (neck or low back). When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. There are three things to consider if you think youre a victim. He is genuine and really does care about his clients' well-being. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". More treatment equals more damages. Are you experiencing any of these symptoms? 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. 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. 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. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. Most attorneys would just take their cut and run, but Dave did just that with a referral. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. This proved to be a poor choice because childrens bones are still growing. 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. FBSS stands for Failed Back Surgery Syndrome. Those changes interfere in judging whether or not the fusion is completed. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. A reasonable patient would have wanted the information. 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. Therefore, spinal hardware (e.g. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. 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.