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. This website, and all of its contents, is not intended, and does not create any attorney-client relationship between the viewer/reader and the attorneys at Schwaner Injury Law without the existence of a retained relationship. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. Often this is linked to that persons occupation or posture; however, sometimes it is because of a structural defect in the spinal column that must be corrected for pain to recede. This is a tragedy that could have been prevented. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. 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 Or tingling sensation, weakness, or numbness. 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. This website is for informational and advertising purposes only. FBSS stands for Failed Back Surgery Syndrome. Nothing on this site should be taken as legal advice for any individual case or situation. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. Thats a benefit as the body fills in the fusion site faster. Failed Laminectomy & Fusion Surgery Lawyer - Texas Lawyers Spinal Fusion Lawsuits and Settlement Guide - Schwaner Injury Law Its likely your doctor had you sign a consent formexplaining that you understood the risks. What to do after a Failed Spinal Fusion Surgery? | Dr. Sinicropoi If your complications and pain warrant a lawsuit, your personal injury attorney in Illinois can help you navigate the system. In 2015, the FDA approved their use for lumbar procedures. Spinal Fusion Settlements and Lawsuits (Cervical and Lumbar) A spinal fusion is a major surgery. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. How Much Money Can You Get from a Spinal Fusion Surgery Lawsuit How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? 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. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. When the shiny newness of the surgery faded, patients began reporting poor recoveries. 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. Although surgery might not be able to remove the pain, it could be helpful for the condition. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. These concentrated synthetic proteins were used for spinal fusion surgery. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. In addition, we service the following neighborhoods in Chicago: The Gold Coast, Goose Island, Magnificent Mile, Old Town, River North, River West, Streeterville, Loop, Near East Side, South Loop, West Loop Gate, Dearborn Park, Printer's Row, South Loop, Prairie Avenue Historic District, Old Town, North Side, North Center, Horner Park, Roscoe Village, Boystown, Lake View East, Graceland West, South East Ravenswood, Wrigleyville, West DePaul, Old Town Triangle, Park West, Ranch Triangle, Sheffield Neighbors, Wrightwood Neighbors, Belmont Gardens, Chicago's Polish Village, Kosciuszko Park, Belmont Gardens, Bucktown, Kosciuszko Park, Palmer Square. Did something seem off about your experience? Some of the most common injuries, risks, and complications that arise with spinal fusion surgery include: The spine is generally described as being divided into three major sections. For both the cervical and lumbar spine, human bone morphogenetic protein (rhBMP-2) has been tried with mixed results. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). A common reason for a failed fusion is that the patient's spine does not properly fuse. The risk increases when more than one vertebrae level is fused. Unfortunately, she was injured during the surgery. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. And it varies widely from state to state as well. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. Get Veritas Health Newsletters delivered to your inbox. After a spinal fusion surgery there might also be nerve damage in the lower back. Once these are removed, they are replaced with metal devices that stabilize the spine. After the fusion, the mechanical work load may have increased. Recovery from spinal surgery takes months. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. A jury awarded the man $4,375,018. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. 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). A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. After the incision is made, bone graft is prepared. Hampton & King. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. But there is no average, as the settlement amount I can cite for you. And your doctors should communicate any alternative treatment options available. 2019 Ted Fund Donors Working with David was a pleasure. 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. to verify that an attorney is licensed in Florida. 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. Is Minimally Invasive Spine Surgery Right for You? 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. I would not say that. 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. Your email address will not be published. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. accelerated wear and tear on remaining vertebrae and possible chronic pain. The FDA reports that the Biomet spinal fusion stimulator has "higher than allowed levels of potential harmful chemicals, which may be toxic to tissues and organs.". Thin-slice CT scans have been used to assess the fusion site. They awarded the woman $1,051,800. 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. Negotiating lawyers fees - how do accident lawyers charge? Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. The woman sustained cognitive loss and chronic migraines. Spinal Fusion Malpractice Lawsuit Filed Over Use of Medtronic Infuse All rights reserved. The doctor failed to recognize a complication during the procedure. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. Yes. Copyright 2020 The Schmidt Firm, PLLC. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. This case settled for $700,000. A 44-year-old woman was involved in a chain-reaction collision. There hasnt been much published yet on results of this technique. They have an average settlement value of over $1,000,000 in many states, and a median settlement value of over $1,000,000 as well. There are two reasons for this. This is very true in back injury cases involving spinal fusion surgery. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. 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. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. 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. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. failed spinal fusion lawsuit. Lawsuit Over Medtronic Infuse and LT-Cage Filed After Failed Spine Fusion If there are no symptoms, then it might warrant a wait-and-see approach. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. Two women underwent spinal fusions performed by the same surgeon. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Some of the decision depends on how the first fusion was done and the location (neck or low back). In recent years, a flurry of lawsuits have been filed against a company called Medtronic. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. And heres a more specific example. The woman could no longer work. A spinal fusion is meant to emulate that natural process. A real class act with your best interest at heart! Home; About. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. To make matters even more unfortunate, the device was used on children. 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. They should tell you about potential spinal fusion complications. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. 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. This could be from a car accident, a slip and fall accident, or a construction accident. Settlement Amounts for Spinal Fusion + Stenosis Lawsuits in Texas 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. And, spinal fusion surgery is no different. You have a right to hold guilty people liable for your suffering. I can speak for personal injury cases in Florida. The one exception to this is in the case of locked pseudoarthrosis. Symptoms Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. 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. Complications with the spine hardware. Make sure its not something serious. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. 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. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. Past Florida jury verdicts generally put the full value pain and suffering value of a single level fusion surgery at $250,000 to $400,000. Common spinal procedures (open lumbar laminectomy and fusion; anterior cervical discectomy and fusion (ACDF); microdiscectomy; and posterior cervical laminectomy and fusion) are a last resort. We are very proud of our legal achievements, but equally self-respecting of our firm's reputation for providing personal attention to each and every client we represent. Once you are past that window of time, you can no longer file. He is genuine and really does care about his clients' well-being. And he didnt thoroughly consider her medical history. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. 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. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. But of course it depends on the details of your case. 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. There are three things to consider if you think youre a victim. Keep reading to learn more! An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. Most attorneys would just take their cut and run, but Dave did just that with a referral. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. But she was also in pain. 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. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. However, if you live in Florida and the incident happened in another state, we may be able to represent you. 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. Spinal injury settlements can help you recover lost income, medical expenses and more. And heres a more specific example. 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. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. Are you a patient who underwent a spinal fusion surgery that failed? In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. 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. Doctors should clearly communicate the risks involved. 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 woman underwent chiropractic care, massage therapy, and spinal injections. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. Are you experiencing any of these symptoms? It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. 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. Surgery may be able to fix the condition but not eliminate the pain. She alleged that the at-fault drivers negligent tailgating caused her injuries. A 52-year-old man was rear-ended. Medical Malpractice: Spinal Fusion Surgery - Zevan Davidson Roman, LLC He injured his neck, lower back, and right leg. Ted's Bio; Fact Sheet; Hoja Informativa Del Ted Fund; Ted Fund Board 2021-22; 2021 Ted Fund Donors; Ted Fund Donors Over the Years. There are many reasons spinal fusion surgeries fail. David delivered more than expected for me in every way and I would recommend him to anyone. 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. He used plaster casts to improve curvature of the spine. 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. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. 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.