degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. 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). Hampton & King. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. The one exception to this is in the case of locked pseudoarthrosis. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. 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. Many lawsuits have been filed against manufacturers of these products, including Medtronic. Doctors should clearly communicate the risks involved. All Rights Reserved. The attorney listings on this site are paid attorney advertising. 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. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. But keep in mind this is not like looking at the average price of West Texas crude oil. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. Three of the most common reasons include: The doctor failed to recognize or handle a complication that arose during the spinal fusion procedure; The surgery was not indicated; and Less invasive options were never presented and/or attempted. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. This unfortunate phenomenon is called the ladder effect. We strongly recommend that, if you are in need of legal advice, you should consult in person with an attorney who is fully aware of your needs. A woman was rear-ended on an exit ramp. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. The women alleged negligence against the surgeon. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 fusion surgery. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. 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. The at-fault driver denied liability. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. These failed fusions can be caused by hardware failures. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. 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. 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. Home; About. A common reason for a failed fusion is that the patient's spine does not properly fuse. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. She alleged that the at-fault drivers negligence caused permanent injuries. But little did she know, that her surgeon. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. Allograft (donor bone from a bank) is dead and doesnt produce new bone. When the spine is injured, it may be impact a patient in the following ways: Loss of bowel, bladder, and sexual function, They are negligent in performing the procedure or fail to recognize signs of complications, They recommend the procedure with the knowledge that it is not a good idea or they dont inform you about your alternative options, They fail to fully inform you of the risks before your surgery, Surgical implant defect was a result of poor design, marketing, or manufacturing, A surgical implant was marketed as safe and effective even though the manufacturer knew it wasnt, The manufacturer knew or should have known about the defects, The manufacturer failed to warn patients about the implant defects or potential hazard to health, Medical expenses including doctors bills, hospital bills, recovery therapy, medication, and follow up, Caregiver expenses accrued during recovery, Lost wages resulting from time off work while you were injured, Compensation for any short or long term disability including additional coverage for loss of consortium. In 2015, the FDA updated their original 2008 warning that the Medtronic Infuse Bone Grafts can cause excess bone growth and crowd organs in children. 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 . Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. This is taken either from the patients pelvic region or from a cadaver. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. Obtain Long Term Pain Relief. 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. Surgical intervention on scoliosis patients would not occur again until the 20th century. The contact form sends information by non-encrypted email, which is not secure. You have a right to hold guilty people liable for your suffering. This is a tragedy that could have been prevented. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. Or ache which starts from a certain area and moves to another. clear, understandable information about muscles, bones and joints. The police officer denied liability. 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. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. The man alleged that the truck drivers negligence caused his injuries. The pain is usually caused by the nerve roots that need to heal. 2019 Ted Fund Donors The surgery was supposed to relieve pain in her neck, arms, and hands. 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. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. 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. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). Theres a lot of debate about what is and what isnt a solid fusion. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. The most common lawsuits involved failed devices involved the following legal reasons for liability: The most commonly known failed spinal fusion surgery lawsuit against a manufacturer is the case involving Medtronic. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. He is a Texas defective product lawyer & medical negligence . When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. She then underwent a two-level cervical fusion. Is Minimally Invasive Spine Surgery Right for You? 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. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. But if something about your care seems questionable, seek the help of an experienced legal professional. Spinal injury settlements can help you recover lost income, medical expenses and more. A man was rear-ended by a truck. In 2015, the FDA approved their use for lumbar procedures. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. 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. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Court of Appeals, 5th Dist. Patients should think very hard about whether they want to proceed, because spinal fusions are permanent. It can occur without symptoms so the patient doesnt even know he or she has it. But there are so many variables that come into play so dont discount your situation without talking to a professional. They allege that the company incentivised medical professionals to use their product, the Infuse. Cages have been made of titanium for the most part. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. But there are so many variables that come into play so dont discount your situation without talking to a professional. There are three things to consider if you think youre a victim. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. Once you are past that window of time, you can no longer file. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. Below is a partial list of the awards and recognition that the attorneys / lawyers at our law firm have been awarded with, as well as a list of professional memberships. Your spine has abnormal curvatures because of scoliosis or something like it. Even though you might have chosen the best surgeons, sometimes procedures fail. Suite 801A Its important to note that spinal fusionsare considered somewhat controversial within the medical world. 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. 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 it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. For many, this surgery can bring forth a greater quality of life. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. Negligently performing the procedure and/or failing to recognize a complication. You have a broken vertebra from a severe injury that needs repair. A jury awarded $1,135,346. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. Minor back injuries that only require pain medications and physical therapy have a relatively low value. There isnt a one-size-fits-all method of recovery after a failed first fusion. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. 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. This case settled for $2,300,000. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. The defense disputed the womans injury claims. 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. The rental car companys insurance includes uninsured motorist coverage. Spinal implants may be temporary or permanent. There are many different reasons to take legal action after a failed spinal fusion. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. There are many reasons a doctor may suggest a possible spinal fusion surgery, but here are a few: No matter what injury or condition brings you to the doctor, you deserve quality care. 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. Unfortunately, Talia didnt make it. A life taken away, and family and friends left to pick up the pieces. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. Doctors should clearly communicate the risks involved. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. 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. 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. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. He alleged that the police officers negligence caused his injuries. These concentrated synthetic proteins were used for spinal fusion surgery. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. 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. And it varies widely from state to state as well. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Although surgery might not be able to remove the pain, it could be helpful for the condition. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Two women underwent spinal fusions performed by the same surgeon. cutting kaizen foam for sockets / how to reactivate silica gel in microwave / how to reactivate silica gel in microwave *. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. Once this is complete, the surgeon will close the incision. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.