While he reported success, detractors were quick to note the numerous revision surgeries his patients required. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. A 52-year-old man was rear-ended. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. *. A patient may experience recurrent pain many years after a spine fusion surgery. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. However, if you live in Florida and the incident happened in another state, we may be able to represent you. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. 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. Some of the decision depends on how the first fusion was done and the location (neck or low back). He was always keeping me updated on everything every step through the process and was always available for me if I had a question. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. Suite 801A The surgery was supposed to relieve pain in her neck, arms, and hands. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. 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. He subsequently underwent three lumbar procedures. 2018. FBSS stands for Failed Back Surgery Syndrome. Complications with the spine hardware. Have you been told you need spinal fusion surgery? Metal failure (also called hardware failure, implant failure), especially early in the postoperative course after back surgery, is an indicator of continued gross spinal instability. The purpose is to straighten the spine or reduce pain. 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. 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. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. Make sure its not something serious. Fusions in the thoracic region, or the middle of the spine, are less common. Spinal Fusion Lawsuit. A jury awarded $1,135,346. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. Most attorneys would just take their cut and run, but Dave did just that with a referral. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. But she was also in pain. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. You have a right to hold guilty people liable for your suffering. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. 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. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". The man underwent a lumbar fusion and a cervical discectomy. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. 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. Are you a patient who underwent a spinal fusion surgery that failed? There isn't a one-size-fits-all method of recovery after a failed first fusion. 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. David delivered more than expected for me in every way and I would recommend him to anyone. 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. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. There are now also synthetic materials to encourage bone growth. People sue over failed spinal fusions for a number of legal reasons. Spinal fusions can be performed from the posterior (back) or anterior (front). But there are so many variables that come into play so dont discount your situation without talking to a professional. A woman was rear-ended on an exit ramp. 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. This could be from a car accident, a slip and fall accident, or a construction accident. Speaking with your doctor is always a good first step, because while back pain might automatically mean a bad day for your spine, to your doctor it could mean something else like kidney stones, for example. And it varies widely from state to state as well. 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. Hampton & King. Injuries, risks and complications after failed spinal fusions, Existing litigation for spinal fusion medical devices, FDA actions regarding spinal fusion medical devices, What to do if your spinal fusion is causing issues. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. This case settled for $2,300,000. 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 Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. She was smart, beautiful, and had a special artistic ability. The procedure is used to stabilize, straighten or reduce pain in the spine. The fusion worked great for the first 5-6 months after which the pain returned. Although surgery might not be able to remove the pain, it could be helpful for the condition. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. 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 you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. If there are no symptoms, then it might warrant a wait-and-see approach. Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. There might be harvesting of bone graft, located close to the joint (in the iliac crest). Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. The information is produced and reviewed by over 200 medical professionals with the goal of providing trusted, uniquely informative information for people with painful health conditions. 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 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. Working with David was a pleasure. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. (Had they been given the information.) When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. 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. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). One of them, as noted by two plaintiffs in a class action lawsuit against Medtronic and its subsidiaries, is heterotopic bone growth or bone growth outside of the skeleton. A reasonable patient would have wanted the information. The woman underwent chiropractic care, massage therapy, and spinal injections. The at-fault driver denied liability. It generally goes away after a few days or weeks. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. 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. The renter purchased coverage when he or she rented the car. failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit https://crabbsattorneys.com/wp-content/themes/nichely3/images/empty/thumbnail . If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. It is also used in eliminating pain along the spine. Doctors should clearly communicate the risks involved. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. Recovery from spinal surgery takes months. If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. 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. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. I understand that submitting this form does not create an attorney-client relationship. The SIJ syndrome might have been misdiagnosed before the fusion. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. 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. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. 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. He argued that the man excessively sped and failed to observe his vehicle. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. 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. 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. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery Or a reasonable doctor would have given the information. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. Unfortunately, she was injured during the surgery. Very often, a form of tuberculosis emerged in a patients vertebrae. 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. The manufacturer doesnt warn about the possible harm or defects in the implant. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. Spinal fusions can be traced back to the 5th century BCE. This site is for educational purposes only; no information is intended or implied to be a substitute for professional medical advice. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. 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. Therefore, spinal hardware (e.g. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. Those changes interfere in judging whether or not the fusion is completed. Constant pain which does not occur during the healing process. 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. He is a Texas defective product lawyer & medical negligence . A man was broadsided by a police officer. The woman sustained cognitive loss and chronic migraines. 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. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. There isnt a one-size-fits-all method of recovery after a failed first fusion. Aching at a new location, different from the surgery site. The womens symptoms failed to resolve. Working with David was a pleasure. 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. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. More treatment equals more damages. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. Sadly, Patricia became paralyzed. In many cases, this surgery is necessary because a patients spine is no longer capable of supporting the normal load and stress of the body. This is taken either from the patients pelvic region or from a cadaver. A doctor is negligent during the operation. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. I can speak for personal injury cases in Florida. Biomet spinal fusion stimulator side effects may also include chronic . From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Many lawsuits have been filed against manufacturers of these products, including Medtronic. 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. For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. After the incision is made, bone graft is prepared. The vertebrae make up the weight bearing capabilities of the spine. Products commercially available that have been approved for use are showing some improved results in early studies but there are reported side effects with cervical fusion (e.g., neck swelling, difficulty swallowing) that have raised some concern. 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. We advise to take all statistics with a grain of salt, because numbers vary a lot. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. Next Page: When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Like we covered earlier, it varies from state to state, and a lot. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). When the shiny newness of the surgery faded, patients began reporting poor recoveries. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. They were told that these procedures were necessary. 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. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. 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. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. Thats the down side. Dynamic means the X-rays are taken as the patient is moving. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? 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. In some states, the information on this website may be considered a lawyer referral service. The surgery can correct a herniated disc or repair a damaged spine. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. To make matters even more unfortunate, the device was used on children. She suffered a traumatic brain injury, a neck injury, and a disc herniation. Start here to find personal injury lawyers near you. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. If the answer is no, then you may have a case. A settlement for $1,250,000 was reached before trial. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. 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. 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. 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. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. Does that make these statistics useless? 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.