Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. 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. When it comes to failed spinal fusion surgery, you need a personal injury attorney. The surgery is conducted to make the spine stable or straight. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. 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. The typical cost of spinal fusion surgery can range from $16,000 to $30,000 depending on various factors such as the type of fusion surgery, the location on the spine, and the location where the procedure is done. There are deformities in your spine that you need to repair. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. A 51-year-old passenger was T-boned. Soon after the spinal fusion surgery, Scovil started experiencing increased back pain again, but was merely prescribed pain medication by his physician, the lawsuit says. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. As a spinal fusion patient, you are undoubtedly in close contact with your medical professionals and know whether to rule out routine issues that can arise. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. They allege that the company incentivised medical professionals to use their product, the Infuse. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. 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,. FBSS stands for Failed Back Surgery Syndrome. Negotiating lawyers fees - how do accident lawyers charge? *. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Even though you might have chosen the best surgeons, sometimes procedures fail. As the spine moves, the metal hardware that is inside might give in and break. This could be from a car accident, a slip and fall accident, or a construction accident. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 fusion surgery. This is taken either from the patients pelvic region or from a cadaver. She underwent a two-level cervical fusion and discectomy. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. Nothing on this site should be taken as legal advice for any individual case or situation. clear, understandable information about muscles, bones and joints. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. There are many different reasons to take legal action after a failed spinal fusion. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. Your email address will not be published. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. This site is for educational purposes only; no information is intended or implied to be a substitute for professional medical advice. Free personal injury guides for download to print or save. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. The defense admitted liability but disputed the injuries. https://schwanerinjury.com/wp-content/uploads/2018/12/spine.jpg, https://schwanerinjury.com/wp-content/uploads/2016/04/Logo-837x321.png, Spinal Fusion Lawsuits and Settlement Guide. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. Once the diagnosis has been made, what is the treatment for pseudarthrosis? 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. If your accident did NOT happen in Florida or on a cruise, and you don't live in Florida, I likely won't be able to represent you. Complications with the spine hardware. 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. You have chronic lower back pain that requires spinal fusion surgery. Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. be considered sooner. Depending on the state you live in, you may need to prove that: If youre pursuing this avenue, a lawyer will want to prove that a reasonable patient would have said no to the procedure. This case is different from the others because it is a medical malpractice claim. Unfortunately, Talia didnt make it. She then underwent a two-level cervical fusion. There are a lot of different opinions among equally skilled professionals. The woman also made a vicarious liability claim against the at-fault drivers employer. 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 should tell you about potential spinal fusion complications. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. 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. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Read more about Enjuris. Its very, very important. ", "Working with David was a pleasure. One of them sustained nerve damage caused by her surgery. In fusions, metal rods and screws are used to anchor the spine in place while . Sadly, Patricia became paralyzed. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. At only 23 years old, Talia had an extremely bright future ahead of her. Keep reading to learn more! 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. As time passes and the patients back begins to heal, he/she may start being more active. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. All rights reserved. Yes. Locked pseudoarthrosis describes a situation in which the top and bottom of the cage inserted between the two vertebrae has fused solid but the middle (inside the cage) has not filled in with bone and solidified. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. Therefore, spinal hardware (e.g. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. There are three things to consider if you think youre a victim. Many lawsuits have been filed against manufacturers of these products, including Medtronic. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. 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. The fusion worked great for the first 5-6 months after which the pain returned. The jury found the at-fault driver 100 percent liable. This surgery eliminates movement in that area and is a permanent solution. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. A 52-year-old man was rear-ended. 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. The most widespread are: It depends on a number of things. Really top notch attorney, and law firm. 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. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. And, spinal fusion surgery is no different. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. 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. Dr. Russell Hibbs, the surgeon-in-chief at New York Orthopedic Hospital, opened a clinic devoted to tuberculosis patients and began performing spinal fusions to treat these deformities. You have a right to hold guilty people liable for your suffering. 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. 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. There isn't a one-size-fits-all method of recovery after a failed first fusion. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. The defense disputed the womans injury claims. Symptoms We advise to take all statistics with a grain of salt, because numbers vary a lot. Like Patricia, you deserve to know all potential risks prior to surgery. 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 it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. Registered. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. 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. 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. See more on that below. I understand that submitting this form does not create an attorney-client relationship. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. 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. And heres a more specific example. They will be more likely to discredit any alleged pain & suffering and devalue the claim. Spinal fusion surgery significantly increases the potential value of any back injury claim.