The doctor failed to recognize a complication during the procedure. This unfortunate phenomenon is called the ladder effect. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. They included a revision fusion, a decompression, and a laminectomy. Spinal fusions can be traced back to the 5th century BCE. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. As the spine moves, the metal hardware that is inside might give in and break. When external measures like braces and therapy are not enough, surgery is usually required. Paralysis Caused by Negligent Spinal Fusion Surgery 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. Unfortunately, early versions of the product were recalled in April 2010 after the manufacturer, SeaSpine, and the FDA received at least 13 adverse event reports. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. Each section is made of individual bones called vertebrae. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. The jury found the at-fault driver 100 percent liable. Every surgical procedures carries some risk, and of course your doctor cant predict everything. The man underwent multiple procedures. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. 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. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. The most popular reasons for this type of lawsuit are the following: Conduct on the part of the surgeon or hospital would fall under two areas of law called negligence and medical malpractice. There are three things to consider if you think youre a victim. 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. If the spinal fusion is not successful the patient may feel back or leg pain, for example. Sadly, Patricia became paralyzed. If so, dont hesitate to contact our office. 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. If a solid fusion is not obtained through the spine surgery, but the hardware is intact and there is still good stability to the spine, the patient may still achieve effective back pain relief with the spine surgery. The police officer denied liability. These failed fusions can be caused by hardware failures. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. There are advantages and disadvantages for each choice. 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.". For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. Surgical intervention on scoliosis patients would not occur again until the 20th century. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. *. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. 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. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. Fusions in the thoracic region, or the middle of the spine, are less common. He is a Texas defective product lawyer & medical negligence . When it comes to failed spinal fusion surgery, you need a personal injury attorney. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. 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. Not enough study has been done to clear up any questions about these modalities. 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. In Patricias case, the surgery never should have happened. Lawsuit Over Medtronic Infuse and LT-Cage Filed After Failed Spine Fusion The manufacturer doesnt warn about the possible harm or defects in the implant. 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. 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. 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. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. A 52-year-old man was rear-ended. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. 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. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. Spinal Fusion Lawsuit. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. The risk increases when more than one vertebrae level is fused. This material is inserted between vertebrae and is meant to fuse them together. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. 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. The jury awarded a payout of $12,790,000. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. The womens symptoms failed to resolve. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from $250,000 to $400,000. The man underwent a lumbar fusion and a cervical discectomy. 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. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. 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. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. There are so many factors including the severity of the injury, the cost of medical treatment, the length of disability, the state laws governing workers compensation, and the insurers policies that average settlement statistics really are useless to you. Although surgery might not be able to remove the pain, it could be helpful for the condition. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. Court of Appeals, 5th Dist. A patient may experience recurrent pain many years after a spine fusion surgery. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. They have an average settlement value of over $1,000,000 in many states, and a median settlement value of over $1,000,000 as well. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. 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. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. The surgery is conducted to make the spine stable or straight. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. overcome hurdles synonym LIVE 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. If you or a loved one are suffering from these devastating effects, we want to help. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. Home; About. Failed Back and Failed Fusion Syndrome | Cedars-Sinai Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery And your doctors should communicate any alternative treatment options available. Thin-slice CT scans have been used to assess the fusion site. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. They awarded the woman $1,051,800. 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. 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 But, lets say the cause of the unsuccessful surgery is negligence. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". She alleged that the at-fault drivers negligent tailgating caused her injuries. She then underwent a two-level cervical fusion. He subsequently underwent three lumbar procedures. It can occur without symptoms so the patient doesnt even know he or she has it. 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. Some of the most common back injuries we see in personal injury cases include: The potential settlement value of back injuries in tort cases is highly dependent on the type and level of treatment that the plaintiff undergoes. When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. What to do after a Failed Spinal Fusion Surgery? | Dr. Sinicropoi Once the diagnosis has been made, what is the treatment for pseudarthrosis? Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. You have chronic lower back pain that requires spinal fusion surgery. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. 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. 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. 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 fusions in particular can fail for any of the following reasons: Issues with the bone graft. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Risk factors for revision spinal fusion are similar to first-fusion procedures but also include worker's compensation status, active lawsuits, use of narcotics before surgery, and neurologic problems present before surgery. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. They tend to have a good chance of being over $1,000,000. Aching at a new location, different from the surgery site. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. 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. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. Even though you might have chosen the best surgeons, sometimes procedures fail. Those changes interfere in judging whether or not the fusion is completed. People sue over failed spinal fusions for a number of legal reasons. A 44-year-old woman was involved in a chain-reaction collision. Does that make these statistics useless? If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. Nerve damage that is either temporary or permanent. 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. Patients should think very hard about whether they want to proceed, because spinal fusions are permanent. Failed Spinal Fusion Surgery | Spine-health The name of this condition is adjacent segment disease. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. Its important to understand that many states have a statute of limitations with personal injury cases. 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. Complications with the spine hardware. Can I Sue for Failed Spinal Fusion Surgery? Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. This is usually in your neck or back right over the spine or along each side of the spine; conversely, it might be in the abdomen or throat to provide anterior access. This case settled for $700,000. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. The third and highest level of treatment in back cases is usually spinal fusion surgery. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. The result? 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. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. We advise to take all statistics with a grain of salt, because numbers vary a lot. Most attorneys would just take their cut and run, but Dave did just that with a referral. (Had they been given the information.) 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. 1999-2023 Veritas Health, LLC. A settlement for $1,250,000 was reached before trial. 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. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. This surgery eliminates movement in that area and is a permanent solution. was 56 when she had spinal fusion surgery. But if something about your care seems questionable, seek the help of an experienced legal professional. We only represent people for injury or death that happened in Florida (or on a cruise). The rental car companys insurance includes uninsured motorist coverage. Patients at Risk for Biomet Spinal Fusion Stimulator Side Effects 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. Working with David was a pleasure. The most common lawsuits involved failed devices involved the following legal reasons for liability: Surgical implant defect was a result of poor design, marketing, or manufacturing Your email address will not be published. Medical Malpractice: Spinal Fusion Surgery - Zevan Davidson Roman, LLC Overview After any spine surgery, a percentage of patients may still experience pain. This is very true in back injury cases involving spinal fusion surgery. FBSS stands for Failed Back Surgery Syndrome. Its likely your doctor had you sign a consent formexplaining that you understood the risks. In some states, the information on this website may be considered a lawyer referral service. Or a reasonable doctor would have given the information. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. Once you are past that window of time, you can no longer file. Other reasons for a failed spinal fusion can include: Severe infection or post-surgery complications Surrounding vertebrae/discs develop problems The fusion fails to take for a reason other than scar tissue Hardware or metal implant breakage Issues with a bone graft Patient experiences bleeding or blood clots Symptoms Treatment CLICK HERE