And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. David delivered more than expected for me in every way and I would recommend him to anyone. Are you a patient who underwent a spinal fusion surgery that failed? Spinal fusion surgery is only an effective treatment option when motion is the source of pain and the location of the pain in the back is known. 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. Therefore, spinal hardware (e.g. The vertebrae make up the weight bearing capabilities of the spine. 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. 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. I have had to resign my teaching position and I have no quality of life. A spinal fusion can result in a lawsuit for a slew of reasons. 950 Infuse Bone Graft Lawsuits Settled for $22 Million, 1,000 Patients file Medtronic Infuse Bone Graft Lawsuits, Cardiff Anterior Cervical Plate System Lawsuit, Medtronic Infuse No Better than Bone Graft, Higher Risks, Medtronic Infuse Bone Graft Lawsuit Filed in Virginia, Lawdragon Top 500 Leading Lawyers in America. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. A 51-year-old passenger was T-boned. 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. 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. Read more about Enjuris. 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. 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. Ready to inquire about a spinal fusion lawsuit? For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. Given the well-known complications of spinal fusions, your doctor most likely detailed those risks to you in person and had you sign an informed consent sheet before the procedure. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. But there are so many variables that come into play so dont discount your situation without talking to a professional. A patient may experience recurrent pain many years after a spine fusion surgery. 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. A 44-year-old woman was involved in a chain-reaction collision. *. 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. The doctor failed to recognize a complication during the procedure. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Each vertebrae is made up of several parts. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. 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. 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. The patient was not a good candidate for the surgery in the first place. 1999-2023 Veritas Health, LLC. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. Would a reasonably skilled surgeon in the same position have made the same mistake? Patricia was 56 when she had spinal fusion surgery. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. He alleged that the at-fault drivers negligence caused his permanent injuries. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. To help us understand why this happens, the authors present the many possible risk factors, and then walk us through the diagnosis and follow-up treatment. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. 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.". 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. If so, dont hesitate to contact our office. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. 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. The bones, called vertebrae, are fused together to form one solid bone. Working with David was a pleasure. 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. 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. Are you experiencing any of these symptoms? A spinal fusion is a major surgery. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. The womens symptoms failed to resolve. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. The risk increases when more than one vertebrae level is fused. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. A piece of fractured bone embedded into the protective covering of her spinal cord. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. There are many different reasons to take legal action after a failed spinal fusion. 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. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. All rights reserved. Talias doctor didnt give her case the proper time and attention it needed. If this happens, the patient will start to feel more pain. 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. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. They included a revision fusion, a decompression, and a laminectomy. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. There are many reasons spinal fusion surgeries fail. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. But of course it depends on the details of your case. JZ helps (a Florida injury law firm). The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. But for the patient with painful symptoms, if no graft was used in the first procedure, the surgeon may choose to take bone from a donor bank or from the patient and place it around the fusion site. For most types of back injuries, there are three escalating levels of potential medical treatment that might be required: The average settlement value of a back-injury claim will increase based on the level of treatment that the plaintiff underwent. Rods, screws or metal plates may also be implanted to stabilize the area. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Simply because you signed the sheet does not mean you will lose your informed consent case, but it does make winning harder. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. The pain is worse than before the fusion and is getting worse. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. Like Patricia, you deserve to know all potential risks prior to surgery. In fusions, metal rods and screws are used to anchor the spine in place while . 2018. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery Unfortunately, Talia didnt make it. The police officer denied liability. Surgery increases the full value of a personal injury case, car accident in Florida while visiting from another state, Hit by a car or truck while youre on a motorcycle, factors that can affect the value of an injury case, his or her percentage of fault reduces the compensation that is owed, Excellent paying insurance company like Nationwide, Palm Beach County jury awarded a Chipotle customer $1,351,361.54, loss of capacity for the enjoyment of life, State Farm Mutual Automobile Insurance Company v. Harmon, Fla: Dist. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. 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. For both the cervical and lumbar spine, human bone morphogenetic protein (rhBMP-2) has been tried with mixed results. 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. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. 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. Home; About. You have chronic lower back pain that requires spinal fusion surgery. While this wont make up for the loss of your loved one, it can help ease the financial impact that comes when a member of the family dies. Nerve damage that is either temporary or permanent. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. Every surgical procedures carries some risk, and of course your doctor cant predict everything. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). 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. Yes. She alleged that the at-fault drivers negligence caused permanent injuries. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The pain is usually caused by the nerve roots that need to heal. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. He used plaster casts to improve curvature of the spine. As time passes and the patients back begins to heal, he/she may start being more active. 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. 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. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. Constant pain which does not occur during the healing process. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. There are two reasons for this. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. By contrast, whenever a back injury requires spinal fusion surgery (level 3 treatment) claims adjusters are forced to take it seriously and are less likely to dispute the plaintiffs pain & suffering claims. She alleged that the at-fault drivers negligent tailgating caused her injuries. 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). There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. 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. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. These failed fusions can be caused by hardware failures. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? 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. The surgery can correct a herniated disc or repair a damaged spine. A reasonable patient would have wanted the information. A real class act with your best interest at heart! 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 is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. 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. These concentrated synthetic proteins were used for spinal fusion surgery. There are a lot of different opinions among equally skilled professionals. FBSS stands for Failed Back Surgery Syndrome. The procedure is used to stabilize, straighten or reduce pain in the spine. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). If you think that you have a case based on the circumstances discussed in this article. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. They tend to have a good chance of being over $1,000,000. Even though you might have chosen the best surgeons, sometimes procedures fail. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. But if something about your care seems questionable, seek the help of an experienced legal professional. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. How does the physician diagnose pseudarthrosis? Up to half of patients who received this treatment experienced serious medical complications, which had gone unreported by Medtronic in 13 studies. The metal pieces hold the bones together while it heals. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. Doctors should clearly communicate the risks involved. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. You have a right to hold guilty people liable for your suffering. 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. They will be more likely to discredit any alleged pain & suffering and devalue the claim. 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. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. FBSS stands for Failed Back Surgery Syndrome. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. Therefore, spinal hardware (e.g. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. 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. The contact form sends information by non-encrypted email, which is not secure. The defense disputed the womans injury claims. Especially if theyre suffering from a herniated disk or spinal stenosis. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. And he didnt thoroughly consider her medical history. But she was also in pain. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. But the results dont really add anything more than what is seen on the X-rays. This case is different from the others because it is a medical malpractice claim. Have you been told you need spinal fusion surgery? Its very, very important. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. Other types of lawsuits around spinal fusions are medical malpractice claims for unnecessary surgeries and negligence claims for botched procedures (even one by professional wrestler Hulk Hogan), products liability, and wrongful death. 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. Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. Dynamic means the X-rays are taken as the patient is moving. 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. Or ache which starts from a certain area and moves to another. 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. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. Click here to read more. 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. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. But then theres the risk of donor site morbidity (problems) as described. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. 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. The purpose is to straighten the spine or reduce pain. Our Maryland personal injury lawyers see a lot of back injuries and we have seen first-hand how spinal fusion surgery can double or triple the settlement value of these cases. And heres a more specific example. If you or a loved one are suffering from these devastating effects, we want to help. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. Theres a lot of debate about what is and what isnt a solid fusion. Thats the down side. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. He injured his neck, lower back, and right leg. The third and highest level of treatment in back cases is usually spinal fusion surgery. When external measures like braces and therapy are not enough, surgery is usually required. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. Registered. She was smart, beautiful, and had a special artistic ability. Spinal fusion surgery significantly increases the potential value of any back injury claim. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. This proved to be a bad choice because childrens bones are still growing. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. A man was broadsided by a police officer. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. 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. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. Spinal injury cases have a very high settlement value. Free personal injury guides for download to print or save. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. After the incision is made, bone graft is prepared. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. 2603 Augusta Suite 1300 For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. But there is no average, as the settlement amount I can cite for you. There are deformities in your spine that you need to repair. Recovery from spinal surgery takes months. Surgical intervention on scoliosis patients would not occur again until the 20th century. Each section is made of individual bones called vertebrae. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. I would not say that. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". 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. Your spine is weak because of infection (or tumors). One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. So, whos at risk for pseudarthrosis? Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. The manufacturer doesnt warn about the possible harm or defects in the implant. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. It can occur without symptoms so the patient doesnt even know he or she has it. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine.