But the results dont really add anything more than what is seen on the X-rays. The attorney listings on this site are paid attorney advertising. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. How much money can you get from a spinal fusion surgery lawsuit or settlement? The most widespread are: It depends on a number of things. DePuy ASR Hip Replacement Surgery Lawsuit and Settlement Guide, Most Common Spinal Fusion Complications, Risks, and Injuries, The Anatomy of the Spine and How It Is Affected by Spinal Fusion Surgery Failure, Common Causes of Failed Spinal Fusion Surgery. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. Patricia was 56 when she had spinal fusion surgery. Two women underwent spinal fusions performed by the same surgeon. Once the diagnosis has been made, what is the treatment for pseudarthrosis? 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. 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. If you need to consult with an attorney please consult with an attorney who practices in your area or in the area where the investigation is pending, or arrest was made. But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. Start here to find personal injury lawyers near you. Read more about Enjuris. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. 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. 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. 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. These failed fusions can be caused by hardware failures. 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. 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. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. And heres a more specific example. Average Settlement for Spinal Fusion | Compensation Payouts They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. Its very, very important. Overview After any spine surgery, a percentage of patients may still experience pain. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. Pain or a feeling of numbness starting from the low back and spreading down the legs. When it comes to failed spinal fusion surgery, you need a personal injury attorney. Its use is still in the experimental phase. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. Its likely your doctor had you sign a consent formexplaining that you understood the risks. Those changes interfere in judging whether or not the fusion is completed. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Patients should think very hard about whether they want to proceed, because spinal fusions are permanent. Failed SI Joint Fusion - Colorado Spine Surgeon Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). The surgery was supposed to relieve pain in her neck, arms, and hands. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. Unfortunately, she was injured during the surgery. If the spinal fusion is not successful the patient may feel back or leg pain, for example. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. The name of this condition is adjacent segment disease. This case settled for $700,000. 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. And he didnt thoroughly consider her medical history. Registered. The defense admitted liability but disputed the injuries. A patient may experience recurrent pain many years after a spine fusion surgery. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); -10 Best In Client Satisfaction: American Institute of Personal Injury Attorneys, David Delivered More than Expected for Me in Every Way. The SIJ syndrome might have been misdiagnosed before the fusion. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. David delivered more than expected for me in every way and I would recommend him to anyone. 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. 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. If the answer is no, then you may have a case. Paralysis Caused by Negligent Spinal Fusion Surgery The purpose is to straighten the spine or reduce pain. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. There are many different reasons to take legal action after a failed spinal fusion. 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 . If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. In fusions, metal rods and screws are used to anchor the spine in place while . A man was broadsided by a police officer. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. David delivered more than expected for me in every way and I would recommend him to anyone. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. Spinal Fusion Lawsuit. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. According to the Mayo Clinic, common risks of spinal fusion include: infection poor wound healing bleeding blood clots injury to blood vessels or nerves in and around the spine Symptoms It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. Once these are removed, they are replaced with metal devices that stabilize the spine. The man underwent cervical and lumbar fusions. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. Doctors should clearly communicate the risks involved. 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 injury settlements generally have a good chance of being over $1,000,000 (see below). The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! Especially if theyre suffering from a herniated disk or spinal stenosis. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. But she was also in pain. The at-fault driver denied liability. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. Are you experiencing any of these symptoms? Risk factors for revision spinal fusion are similar to first-fusion procedures but also include worker's compensation status, active lawsuits, use of narcotics before surgery, and neurologic problems present before surgery. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. Medical Malpractice: Spinal Fusion Surgery - Zevan Davidson Roman, LLC When external measures like braces and therapy are not enough, surgery is usually required. The man underwent multiple procedures. 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. The woman underwent a cervical discectomy and fusion. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. Simply because you signed the sheet does not mean you will lose your informed consent case, but it does make winning harder. And, spinal fusion surgery is no different. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. Thats the down side. A jury awarded $1,135,346. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. The procedure is used to stabilize, straighten or reduce pain in the spine. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. But of course it depends on the details of your case. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. The third and highest level of treatment in back cases is usually spinal fusion surgery. She suffered a traumatic brain injury, a neck injury, and a disc herniation. This includes failed spinal fusions, which often lead to lawsuits. Allograft (donor bone from a bank) is dead and doesnt produce new bone. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. A spinal fusion is a major surgery. This unfortunate phenomenon is called the ladder effect. All rights reserved. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. 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. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. The jury awarded a payout of $12,790,000. Spinal fusions can be traced back to the 5th century BCE. Minor back injuries that only require pain medications and physical therapy have a relatively low value. 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. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. 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. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. Spinal injury settlements can help you recover lost income, medical expenses and more. 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. Or ache which starts from a certain area and moves to another. 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. The man underwent a lumbar fusion and a cervical discectomy. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. If there are no symptoms, then it might warrant a wait-and-see approach. There are many opportunities for these situations to arise, as low back pain is the leading cause of disability globally, and up to 80% of the population will experience back pain sometime in their life. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. Each vertebrae is made up of several parts. 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. If this happens, the patient will start to feel more pain. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. A piece of fractured bone embedded into the protective covering of her spinal cord. 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. This is very true in back injury cases involving spinal fusion surgery. 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. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. After the incision is made, bone graft is prepared. 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. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. Or tingling sensation, weakness, or numbness. You have a right to hold guilty people liable for your suffering. 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. 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. Surgical intervention on scoliosis patients would not occur again until the 20th century. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Failed Spinal Fusion Surgery | Spine-health She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. 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. JZ helps (a Florida injury law firm). Any statistician who pulled the methodology of how these numbers are calculated would have grave reservations about relying on any of these estimates as a true average spinal surgery settlement value. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. All Rights Reserved. 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. The man could no longer work as a painter. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). This is a tragedy that could have been prevented. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. Your spine has abnormal curvatures because of scoliosis or something like it. 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 Spinal fusion surgery spawns lawsuits, controversy - Ventura County Star The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. Settlement Amounts for Spinal Fusion + Stenosis Lawsuits in Texas Recovery from spinal surgery takes months. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. A spinal fusion is meant to emulate that natural process. 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. After the fusion, the mechanical work load may have increased. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. 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. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). 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. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment.