Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. Spinal injury settlements can help you recover lost income, medical expenses and more. 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. 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. But she was also in pain. Pain or a feeling of numbness starting from the low back and spreading down the legs. The result? But the results dont really add anything more than what is seen on the X-rays. The pain is usually caused by the nerve roots that need to heal. A reasonable patient would have wanted the information. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. Spinal Fusion Surgeries Lead to Malpractice Claims - Miller & Wagner Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. Once these are removed, they are replaced with metal devices that stabilize the spine. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. A piece of fractured bone embedded into the protective covering of her spinal cord. 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. clear, understandable information about muscles, bones and joints. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Thats the down side. How much money can you get from a spinal fusion surgery lawsuit or settlement? This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. 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. This is expected to bar future claims of this kind. He subsequently underwent three lumbar procedures. Rods, screws or metal plates may also be implanted to stabilize the area. Some of the decision depends on how the first fusion was done and the location (neck or low back). Many lawsuits have been filed against manufacturers of these products, including Medtronic. Spinal fusions can be performed from the posterior (back) or anterior (front). The man alleged that the truck drivers negligence caused his injuries. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. Most attorneys would just take their cut and run, but Dave did just that with a referral. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. At only 23 years old, Talia had an extremely bright future ahead of her. Its likely your doctor had you sign a consent formexplaining that you understood the risks. The procedure is used to stabilize, straighten or reduce pain in the spine. 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. The bones, called vertebrae, are fused together to form one solid bone. If the parts of the spine which have been operated on do not manage to fuse and heal properly, there might be pain which could progress over time. What can the surgeon do for this problem? 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. Each patient is evaluated on an individual basis. Failed Spinal Fusion Symptoms & Treatments - BSSNY Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. When spinal fusion surgery fails as a result of medical malpractice, your doctor may be responsible. How many attorneys would tell a potential client that the client could do just as well without an attorney? Surgery may be able to fix the condition but not eliminate the pain. They were told that these procedures were necessary. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery 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. Once this is complete, the surgeon will close the incision. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. 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. She then underwent a two-level cervical fusion. Nerve damage that is either temporary or permanent. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. 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. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. This could be from a car accident, a slip and fall accident, or a construction accident. A common reason for a failed fusion is that the patient's spine does not properly fuse. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. How Much Money Can You Get from a Spinal Fusion Surgery Lawsuit There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. Medical Malpractice: Spinal Fusion Surgery - Zevan Davidson Roman, LLC 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 can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. Nothing on this site should be taken as legal advice for any individual case or situation. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". Is Minimally Invasive Spine Surgery Right for You? 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 name of this condition is adjacent segment disease. The manufacturer doesnt warn about the possible harm or defects in the implant. The doctor recommended the surgery when it wasnt in the patients best interest. Not only is David knowledgeable and a gifted attorney, hes a very sympathetic individual who takes the time to get to know you and your situation. Spinal fusion surgery spawns lawsuits, controversy - Ventura County Star Schwaner Injury Law is committed to helping individuals and families with personal injury cases throughout Illinois and are proud to service the following cities: Chicago, Chicago Heights, Aurora, Schaumburg, Palatine, Skokie, Tinley Park, Mount Prospect, Arlington Heights, Des Plaines, Oak Park, Downers Grove, Elmhurst, Lombard, Buffalo Grove, Bartlett, Streamwood, Carol Stream, Park Ridge, Addison, Northbrook. 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. The surgery can correct a herniated disc or repair a damaged spine. 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. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. Negligently performing the procedure and/or failing to recognize a complication. 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. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. Any and all correspondence, including email, between the viewer/reader and the attorneys at Schwaner Injury Law is confidential and protected by the laws applicable to attorney-client privileges, however it does not create any binding legal representation unless specifically contracted to for representation through a written contract for representation. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. If your complications and pain warrant a lawsuit, your personal injury attorney in Illinois can help you navigate the system. If the answer is no, then you may have a case. 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 defense admitted liability but disputed the injuries. When the shiny newness of the surgery faded, patients began reporting poor recoveries. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. Houston SEO | Hyperlinks Media by Hyperlinks Media. To make matters even more unfortunate, the device was used on children. They should tell you about potential spinal fusion complications. 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. As the spine moves, the metal hardware that is inside might give in and break. A jury awarded the man $4,375,018. Sadly, Patricia became paralyzed. Many lawsuits have been filed against manufacturers of these products, including Medtronic. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. But there are so many variables that come into play so dont discount your situation without talking to a professional. 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. And, spinal fusion surgery is no different. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. Click here to read more. These failed fusions can be caused by hardware failures. Unfortunately, early versions of the product were recalled in April 2010 after the manufacturer, SeaSpine, and the FDA received at least 13 adverse event reports. The woman underwent chiropractic care, massage therapy, and spinal injections. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. If you feel your complications and pain after a spinal fusion may warrant a lawsuit, these resources will be helpful: Please fill out the form or call (800) 734-4134 now, SEO Advantage, Inc. SEOLegal Division,Lawyer Marketing 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. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. There are a lot of different opinions among equally skilled professionals. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. Make sure its not something serious. But there is no average, as the settlement amount I can cite for you. 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. Jumping right into a complicated surgery resulted in Patricia never being able to walk again. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. This proved to be a poor choice because childrens bones are still growing. But then theres the risk of donor site morbidity (problems) as described. Did something seem off about your experience? Allograft (donor bone from a bank) is dead and doesnt produce new bone. Of course, if part of the spine is immobilized, its going to change the way the spine moves. This is taken either from the patients pelvic region or from a cadaver. Spinal fusion surgery significantly increases the potential value of any back injury claim. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. Finally, how well does it work to try a different approach when treating failed fusions? For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. Over 10,000 lawsuits were filed against Medtronic. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit https://crabbsattorneys.com/wp-content/themes/nichely3/images/empty/thumbnail . 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. 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. was 56 when she had spinal fusion surgery. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). 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. Cervical Spine Surgery Lawyer & Implant Neurostimulator Lawyer The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Call us at 800-553-8082 or submit a request for a free consultation. Even though you might have chosen the best surgeons, sometimes procedures fail. Poor surgical technique. 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. 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. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize 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. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. The surgery is conducted to make the spine stable or straight. 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. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects.