If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. Registered. Studies show that fusion is almost always possible but symptoms dont always change as a result. The bones, called vertebrae, are fused together to form one solid bone. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. Lawsuit Over Medtronic Infuse and LT-Cage Filed After Failed Spine Fusion Keep reading to learn more! 4,000 claims have already been settled and the rest are predicted to be settled. 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. He injured his neck, lower back, and right leg. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. There are many reasons spinal fusion surgeries fail. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. A 51-year-old passenger was T-boned. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. The woman could no longer work. Cervical Spine Surgery Lawyer & Implant Neurostimulator Lawyer They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. 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. 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. Each section is made of individual bones called vertebrae. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. Start here to find personal injury lawyers near you. The defense admitted liability but disputed the injuries. 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. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. But there is no average, as the settlement amount I can cite for you. The rental car companys insurance includes uninsured motorist coverage. 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. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. ", 111 N Wabash Avenue There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. Sadly, Patricia became paralyzed. Spinal Fusion Patients Sue Bone Graft Makers over Permanent Damage When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. 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 . Thats a benefit as the body fills in the fusion site faster. What's the Average Settlement for Spinal Fusion Surgery? Minor back injuries that only require pain medications and physical therapy have a relatively low value. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. 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. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. 2018. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Recovery from spinal surgery takes months. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. Ready to inquire about a spinal fusion lawsuit? See more on that below. 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. In 2015, the FDA updated their original 2008 warning that the Medtronic Infuse Bone Grafts can cause excess bone growth and crowd organs in children. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. 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. When it comes to failed spinal fusion surgery, you need a personal injury attorney. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. Therefore, spinal hardware (e.g. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. 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. She then underwent a two-level cervical fusion. 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 Patients May Have Received Fake Medical Screws, Lawsuits Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. 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. David delivered more than expected for me in every way and I would recommend him to anyone. 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). When external measures like braces and therapy are not enough, surgery is usually required. Aching at a new location, different from the surgery site. To make matters even more unfortunate, the device was used on children. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. The vertebrae make up the weight bearing capabilities of the spine. 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. It generally goes away after a few days or weeks. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. The doctor failed to recognize a complication during the procedure. This includes failed spinal fusions, which often lead to lawsuits. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. The procedure is used to stabilize, straighten or reduce pain in the spine. In 2015, the FDA approved their use for lumbar procedures. 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. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). Your email address will not be published. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. What to do after a Failed Spinal Fusion Surgery? | Dr. Sinicropoi The police officer denied liability. Spinal Fusion Lawsuits and Settlement Guide - Schwaner Injury Law FBSS stands for Failed Back Surgery Syndrome. clear, understandable information about muscles, bones and joints. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. 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. More treatment equals more damages. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. 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. But keep in mind this is not like looking at the average price of West Texas crude oil. You have a right to hold guilty people liable for your suffering. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. These include the cervical spine, the thoracic spine, and the lumbar spine. If you or a loved one are suffering from these devastating effects, we want to help. Spinal injury settlements can help you recover lost income, medical expenses and more. 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. When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery They included a revision fusion, a decompression, and a laminectomy. Spinal Fusion Lawsuit - The Schmidt Firm, PLLC | A National Law Firm 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 If the spinal fusion is not successful the patient may feel back or leg pain, for example. They will gather all the information you need for a successful outcome. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! It can occur without symptoms so the patient doesnt even know he or she has it. The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). 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. Like Patricia, you deserve to know all potential risks prior to surgery. 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. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. I can speak for personal injury cases in Florida. This website also references past case results from this firm, those are only a representation of our work and not a guarantee of a similar result for your case, or any case. Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. You have a broken vertebra from a severe injury that needs repair. From the first time I spoke to him I felt at ease with him as he seemed more concerned with my well-being before all. And heres a more specific example. This is usually in your neck or back right over the spine or along each side of the spine; conversely, it might be in the abdomen or throat to provide anterior access. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. In Patricias case, the surgery never should have happened. This is taken either from the patients pelvic region or from a cadaver. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. These concentrated synthetic proteins were used for spinal fusion surgery. But, lets say the cause of the unsuccessful surgery is negligence. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. Failed Spinal Fusions: Disastrous Effects & Lawsuits - Hampton & King Hampton & King. FBSS stands for Failed Back Surgery Syndrome. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. Chicago, IL 60602. A jury awarded $1,135,346. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. Next Page: It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. She underwent a two-level cervical fusion and discectomy. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. If this happens, the patient will start to feel more pain. Houston SEO | Hyperlinks Media by Hyperlinks Media. A settlement for $1,250,000 was reached before trial. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. The patient was not a good candidate for the surgery in the first place. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. He is genuine and really does care about his clients' well-being. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. The metal pieces hold the bones together while it heals. And your doctors should communicate any alternative treatment options available. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. 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. Patricia was 56 when she had spinal fusion surgery. The man alleged that the truck drivers negligence caused his injuries. She alleged that the at-fault drivers negligent tailgating caused her injuries. 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. How much money can you get from a spinal fusion surgery lawsuit or settlement? People sue over failed spinal fusions for a number of legal reasons. 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. Back Surgery Lawyers Near Me | Back Surgeon and Back Surgery Types Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer They should tell you about potential spinal fusion complications. Failed Back and Failed Fusion Syndrome | Cedars-Sinai 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. 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. Spinal injury settlements can help you recover lost income, medical expenses and more. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. 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. 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. 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. Houston, TX 77057, The information on this website is for general information purposes only. The surgery was supposed to relieve pain in her neck, arms, and hands. Spinal fusion surgery spawns lawsuits, controversy - Ventura County Star An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Are you experiencing any of these symptoms? failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit https://crabbsattorneys.com/wp-content/themes/nichely3/images/empty/thumbnail . 2019 Ted Fund Donors Even though you might have chosen the best surgeons, sometimes procedures fail. All Rights Reserved. A life taken away, and family and friends left to pick up the pieces. 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. This could be from a car accident, a slip and fall accident, or a construction accident. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. 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. Nevertheless, some people may feel pain in their leg after a lumbar decompression operation. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. Once the diagnosis has been made, what is the treatment for pseudarthrosis? 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 Jumping right into a complicated surgery resulted in Patricia never being able to walk again. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. 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.