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. Cardiff ACP System complications can include: The Schmidt Firm, PLLC has been recognized as one of the nations leading plaintiffs' law firms and handles cases in all 50 states. 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. Many lawsuits have been filed against manufacturers of these products, including Medtronic. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. If so, dont hesitate to contact our office. A settlement for $1,250,000 was reached before trial. failed spinal fusion lawsuit. Once these are removed, they are replaced with metal devices that stabilize the spine. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. 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? The vertebrae make up the weight bearing capabilities of the spine. When it comes to failure to recommend an alternative procedure, or whether the spinal fusion should have been recommended at all, know that your malpractice case faces an uphill battle -- there is a fair amount of controversy surrounding spinal procedures and remedies in general with a lot of disagreement among equally reasonable and competent professionals. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. People sue over failed spinal fusions for a number of legal reasons. All rights reserved. The most common lawsuits involved failed devices involved the following legal reasons for liability: Surgical implant defect was a result of poor design, marketing, or manufacturing Call us at 800-553-8082 or submit a request for a free consultation. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! 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. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. It was not until the spring of 2013 that his physicians diagnosed him with uncontrolled bone growth where Infuse had been used, after examining medical imaging of the . When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. That is one in five people. 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. 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. The surgery was supposed to relieve pain in her neck, arms, and hands. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. A real class act with your best interest at heart! 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. This material is inserted between vertebrae and is meant to fuse them together. If your claim is that your doctor failed to fully warn you of all the risks of a spinal fusion (called "lack of informed consent"), depending on your state you will either need to prove that a reasonable patient would have wanted the missing information or that a reasonable doctor would have included the information. The woman underwent a cervical discectomy and fusion. Each section is made of individual bones called vertebrae. And your doctors should communicate any alternative treatment options available. 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. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. The most widespread are: It depends on a number of things. Houston, TX 77057, The information on this website is for general information purposes only. Spinal injury settlements can help you recover lost income, medical expenses and more. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); -10 Best In Client Satisfaction: American Institute of Personal Injury Attorneys, David Delivered More than Expected for Me in Every Way. Houston SEO | Hyperlinks Media by Hyperlinks Media. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. Patricia was 56 when she had spinal fusion surgery. He subsequently underwent three lumbar procedures. Once you are past that window of time, you can no longer file. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. 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. A jury awarded the man $4,375,018. Constant pain which does not occur during the healing process. A woman was rear-ended on an exit ramp. If the spinal fusion is not successful the patient may feel back or leg pain, for example. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. 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. One of them sustained nerve damage caused by her surgery. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. The man underwent cervical and lumbar fusions. Thin-slice CT scans have been used to assess the fusion site. Despite the surgery, the womans C5-6 symptoms lingered. The risk increases when more than one vertebrae level is fused. Its use is still in the experimental phase. Next Page: I can speak for personal injury cases in Florida. Remember that all these statistics are flawed. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. He alleged that the at-fault drivers negligence caused his permanent injuries. Californias median settlement value for neck and back injury is some of the highest in the US, with an average of $1,728,491 and median of $1,535,500. Make sure its not something serious. I would not say that. There are a lot of different opinions among equally skilled professionals. be considered sooner. He alleged that the police officers negligence caused his injuries. But then theres the risk of donor site morbidity (problems) as described. David delivered more than expected for me in every way and I would recommend him to anyone. When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. Overview After any spine surgery, a percentage of patients may still experience pain. Complications with the spine hardware. When it comes to failed spinal fusion surgery, you need a personal injury attorney. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. Risk factors for revision spinal fusion are similar to first-fusion procedures but also include workers compensation status, active lawsuits, use of narcotics before surgery, and neurologic problems present before surgery. 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. 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. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. If there are no symptoms, then it might warrant a wait-and-see approach. Cages have been made of titanium for the most part. Working with David was a pleasure. This degeneration is most likely to happen after a two-level fusion (e.g. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. The surgery was supposed to relieve pain in her neck, arms, and hands. These concentrated synthetic proteins were used for spinal fusion surgery. Doctors should clearly communicate the risks involved. This is taken either from the patients pelvic region or from a cadaver. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. A common reason for a failed fusion is that the patient's spine does not properly fuse. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. All Rights Reserved. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. Your email address will not be published. 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 includes failed spinal fusions, which often lead to lawsuits. 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. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? The purpose is to straighten the spine or reduce pain. 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. Or ache which starts from a certain area and moves to another. They will be more likely to discredit any alleged pain & suffering and devalue the claim. And thats because surgeons now have at their disposal better ways to perform the surgery and improved hardware such as pedicle screws and locking plates to hold the bones together. Very often, a form of tuberculosis emerged in a patients vertebrae. Like we covered earlier, it varies from state to state, and a lot. There are three things to consider if you think youre a victim. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. She was smart, beautiful, and had a special artistic ability. If the answer is no, then you may have a case. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. This can make botched spinal fusion lawsuits harder to win. A jury awarded $1,135,346. He injured his neck, lower back, and right 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. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. An inspirational, peaceful, listening experience. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. These failed fusions can be caused by hardware failures. Would a reasonably skilled surgeon in the same position have made the same mistake? This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Really top notch attorney, and law firm. Nerve damage that is either temporary or permanent. Its very, very important. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. Suite 801A And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. 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. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. Some of the decision depends on how the first fusion was done and the location (neck or low back). The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. She suffered a traumatic brain injury, a neck injury, and a disc herniation. But, lets say the cause of the unsuccessful surgery is negligence. A real class act with your best interest at heart! Ultimately, a jury must decide that question after hearing conflicting testimony from expert medical witnesses for both sides of the case.
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