And, spinal fusion surgery is no different. Recovery from spinal surgery takes months. To make matters even more unfortunate, the device was used on children. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. They will be more likely to discredit any alleged pain & suffering and devalue the claim. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. These concentrated synthetic proteins were used for spinal fusion surgery. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. Any use of material contained in this web site is at the user's sole risk, and we expressly disclaim any liability for the use thereof. 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. Unfortunately, she was injured during the surgery. If so, dont hesitate to contact our office. 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. failed spinal fusion lawsuit failed spinal fusion lawsuit In some states, the information on this website may be considered a lawyer referral service. Or it can cause back and leg (or arm) pain, depending on whether the fusion is at the cervical (neck) or lumbar (low back) level. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. 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. 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. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. 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. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Cervical Spine Surgery Lawyer & Implant Neurostimulator Lawyer Jumping right into a complicated surgery resulted in Patricia never being able to walk again. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. Nothing on this site should be taken as legal advice for any individual case or situation. But there is no average, as the settlement amount I can cite for you. And research is ongoing in an attempt to find bone graft substitutes. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Allograft (donor bone from a bank) is dead and doesnt produce new bone. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. A settlement for $1,250,000 was reached before trial. Copyright 2020 The Schmidt Firm, PLLC. The defense disputed the womans injury claims. 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. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. They awarded the woman $1,051,800. For many, this surgery can bring forth a greater quality of life. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. Nerve damage that is either temporary or permanent. The procedure is used to stabilize, straighten or reduce pain in the spine. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. He subsequently underwent three lumbar procedures. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 fusion surgery. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. A 44-year-old woman was involved in a chain-reaction collision. Failed Spinal Fusion Surgery | Spine-health Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. Malpractice Claims for Spinal Fusion Complications & Errors 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). Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. 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. 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. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. 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. 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. Even though you might have chosen the best surgeons, sometimes procedures fail. 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. The attorney listings on this site are paid attorney advertising. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. Or tingling sensation, weakness, or numbness. Spinal fusions can be traced back to the 5th century BCE. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from $250,000 to $400,000. It is much less likely to happen if only the L5-S1 level is fused, as this segment typically does not have much motion and fusing this level does not change the mechanics in the spine all that much. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. A 52-year-old man was rear-ended. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery 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. Free personal injury guides for download to print or save. This could be from a car accident, a slip and fall accident, or a construction accident. Average Settlement for Spinal Fusion | Compensation Payouts It's 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. Overview After any spine surgery, a percentage of patients may still experience pain. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. 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.". But the results dont really add anything more than what is seen on the X-rays. The third and highest level of treatment in back cases is usually spinal fusion surgery. This can make botched spinal fusion lawsuits harder to win. Failed Spinal Surgery Lawyer & Failed Back Surgery Lawyer - Texas Lawyers Thats a benefit as the body fills in the fusion site faster. 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. 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. A common reason for a failed fusion is that the patient's spine does not properly fuse. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. Negotiating lawyers fees - how do accident lawyers charge? Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. This case settled for $2,300,000. 2019 Ted Fund Donors was 56 when she had spinal fusion surgery. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. ", 111 N Wabash Avenue Those changes interfere in judging whether or not the fusion is completed. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Yes. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. 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. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. But keep in mind this is not like looking at the average price of West Texas crude oil. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. The surgery can correct a herniated disc or repair a damaged spine. Ready to inquire about a spinal fusion lawsuit? David delivered more than expected for me in every way and I would recommend him to anyone. How does the physician diagnose pseudarthrosis? A man was broadsided by a police officer. I can speak for personal injury cases in Florida. Over 10,000 lawsuits were filed against Medtronic. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. I understand that submitting this form does not create an attorney-client relationship. The pain is worse than before the fusion and is getting worse. 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. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. David delivered more than expected for me in every way and I would recommend him to anyone. Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. The risk increases when more than one vertebrae level is fused. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. 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? Spinal fusion is a surgery that permanently joins bones in the spine. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. Theres a lot of debate about what is and what isnt a solid fusion. These failed fusions can be caused by hardware failures. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. A woman was rear-ended on an exit ramp. This case is different from the others because it is a medical malpractice claim. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. 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. He is a Texas defective product lawyer & medical negligence . What can the surgeon do for this problem? Its use is still in the experimental phase. Simply because you signed the sheet does not mean you will lose your informed consent case, but it does make winning harder. They should tell you about potential spinal fusion complications. The woman could no longer work. JZ helps (a Florida injury law firm). And it varies widely from state to state as well. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. (Had they been given the information.) He alleged that the police officers negligence caused his injuries. 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. Failed Back and Failed Fusion Syndrome | Cedars-Sinai