failed spinal fusion lawsuit

Up to half of patients who received this treatment experienced serious medical complications, which had gone unreported by Medtronic in 13 studies. A 44-year-old woman was involved in a chain-reaction collision. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. Second, talk to an attorney. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery. He used plaster casts to improve curvature of the spine. 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. When it comes to failed spinal fusion surgery, you need a personal injury attorney. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. The purpose is to straighten the spine or reduce pain. He injured his neck, lower back, and right leg. Level 1 treatment for back injuries usually involves some combination of anti-inflammatory pain medication (e.g., If pain meds and physical therapy are not effective at eliminating chronic pain from a back injury, the next level of treatment involves. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. Rods, screws or metal plates may also be implanted to stabilize the area. Many lawsuits have been filed against manufacturers of these products, including Medtronic. The manufacturer doesnt warn about the possible harm or defects in the implant. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. 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. It depends on a number of things. Kornitzer's spinal fusion malpractice lawsuit includes allegations of negligence against his doctor and the New Jersey Spine Institute, claiming that they failed to follow the appropriate. There are three things to consider if you think youre a victim. Your email address will not be published. The name of this condition is adjacent segment disease. Studies show that fusion is almost always possible but symptoms dont always change as a result. A 51-year-old passenger was T-boned. Many lawsuits have been filed against manufacturers of these products, including Medtronic. A doctor is negligent during the operation. If this happens, the patient will start to feel more pain. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. Thats a benefit as the body fills in the fusion site faster. Each patient is evaluated on an individual basis. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. The next level of treatment in most back-injury cases is epidural steroid injections. Especially if theyre suffering from a herniated disk or spinal stenosis. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. The vertebrae make up the weight bearing capabilities of the spine. 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. 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. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. 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. Your spine is weak because of infection (or tumors). Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. Does that make these statistics useless? How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? Symptoms The Cardiff Anterior Cervical Plate System, also known as the ACP System, is a metal plate that is screwed into a patients spine to stabilize the area after a spinal fusion surgery. To make matters even more unfortunate, the device was used on children. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. 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. Thats the down side. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. Cardiff ACP System complications can include: The Schmidt Firm, PLLC has been recognized as one of the nations leading plaintiffs' law firms and handles cases in all 50 states. But there is no average, as the settlement amount I can cite for you. You have a right to hold guilty people liable for your suffering. You have a broken vertebra from a severe injury that needs repair. 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. No matter what type of case you have, you may contact us with confidence by filling out the email contact form below or calling us directly by dialing toll free 24 hrs/day (866) 920-0753. This unfortunate phenomenon is called the ladder effect. The doctor failed to recognize a complication during the procedure. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. Pain or a feeling of numbness starting from the low back and spreading down the legs. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. clear, understandable information about muscles, bones and joints. 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. Injections can cause excess bone growth and crowd organs. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. These cases are generally due to injury or disease. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. 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. However, there have been a number of successful medical malpractice cases stemming from spinal fusions that should not have been recommended in the first place. There are a lot of different opinions among equally skilled professionals. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. Prior to this approval, titanium cages were implanted to reinforce the spinal column and Medtronics Infuse Bone Grafts were approved with the requirement that certain polyetheretherketone cages be used to reinforce the spinal column during the fusion. Suite 801A I can speak for personal injury cases in Florida. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Your spine has abnormal curvatures because of scoliosis or something like it. Spinal fusions can be performed from the posterior (back) or anterior (front). 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. If the spinal fusion is not successful the patient may feel back or leg pain, for example. An inspirational, peaceful, listening experience. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. Spinal fusion surgery significantly increases the potential value of any back injury claim. The risk increases when more than one vertebrae level is fused. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. This includes failed spinal fusions, which often lead to lawsuits. They should tell you about potential spinal fusion complications. Even though you might have chosen the best surgeons, sometimes procedures fail. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. 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. Free personal injury guides for download to print or save. 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. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. There are many reasons spinal fusion surgeries fail. 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 need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Its very, very important. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. Hampton & King. The metal pieces hold the bones together while it heals. Would a reasonably skilled surgeon in the same position have made the same mistake? When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. Are you a patient who underwent a spinal fusion surgery that failed? To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. A real class act with your best interest at heart! Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. The defense admitted liability but disputed the injuries. The surgery is conducted to make the spine stable or straight. We only represent people for injury or death that happened in Florida (or on a cruise). Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. Once the diagnosis has been made, what is the treatment for pseudarthrosis? 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. Working with David was a pleasure. How many attorneys would tell a potential client that the client could do just as well without an attorney? Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). Are there any hidden costs? accelerated wear and tear on remaining vertebrae and possible chronic pain. Yes. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. She suffered a traumatic brain injury, a neck injury, and a disc herniation. David delivered more than expected for me in every way and I would recommend him to anyone. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. 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. 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. After a spinal fusion surgery there might also be nerve damage in the lower back. Working with David was a pleasure. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. This is taken either from the patients pelvic region or from a cadaver. 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. 1999-2023 Veritas Health, LLC. And it varies widely from state to state as well. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. 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. The procedure is used to stabilize, straighten or reduce pain in the spine. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. The attorney listings on this site are paid attorney advertising. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. For many, this surgery can bring forth a greater quality of life. She argued that the womans abrupt stop made the collision unavoidable. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. 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. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. 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 Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. The sooner you talk to an attorney about your case, the better they can preserve your claim if they feel you have legal reasons for a lawsuit. This proved to be a poor choice because childrens bones are still growing. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. Once you are past that window of time, you can no longer file. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. And your doctors should communicate any alternative treatment options available. 4,000 claims have already been settled and the rest are predicted to be settled. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. The defense disputed the womans injury claims. 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. Negotiating lawyers fees - how do accident lawyers charge? He subsequently underwent three lumbar procedures. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. 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,. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. This is expected to bar future claims of this kind. She underwent a two-level cervical fusion and discectomy. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. They tend to have a good chance of being over $1,000,000. Or a reasonable doctor would have given the information. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. Remember that all these statistics are flawed. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Any text and information on this website is intended for general informational purposes only and does not constitute legal advice from the law office of Schwaner Injury Law. The man underwent multiple procedures. Although surgery might not be able to remove the pain, it could be helpful for the condition. Houston SEO | Hyperlinks Media by Hyperlinks Media. At only 23 years old, Talia had an extremely bright future ahead of her.

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