If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. The woman sustained cognitive loss and chronic migraines. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. A settlement for $1,250,000 was reached before trial. 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. Even though you might have chosen the best surgeons, sometimes procedures fail. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. A life taken away, and family and friends left to pick up the pieces. 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. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit https://crabbsattorneys.com/wp-content/themes/nichely3/images/empty/thumbnail . Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. Sadly, Patricia became paralyzed. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The man underwent cervical and lumbar fusions. This includes failed spinal fusions, which often lead to lawsuits. 2018. He is genuine and really does care about his clients' well-being. After the fusion, the mechanical work load may have increased. Thin-slice CT scans have been used to assess the fusion site. They were told that these procedures were necessary. JZ helps (a Florida injury law firm). Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. 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. A spinal fusion is meant to emulate that natural process. There are two reasons for this. This degeneration is most likely to happen after a two-level fusion (e.g. It can occur without symptoms so the patient doesnt even know he or she has it. They will be more likely to discredit any alleged pain & suffering and devalue the claim. Working with David was a pleasure. Of course, if part of the spine is immobilized, its going to change the way the spine moves. Spinal fusion is a surgery that permanently joins bones in the spine. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. 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. If there are no symptoms, then it might warrant a wait-and-see approach. The defense disputed the womans injury claims. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. She was smart, beautiful, and had a special artistic ability. 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. But she was also in pain. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. Fusions in the thoracic region, or the middle of the spine, are less common. Remember that all these statistics are flawed. Nothing on this site should be taken as legal advice for any individual case or situation. Surgeons tried many methods, such as lateral pressure on body casts, wrapping wires around the spinal column for stability (some doctors used celluloid bars, steel or silk wiring). The at-fault driver denied liability. Minor back injuries that only require pain medications and physical therapy have a relatively low value. The result? Failing to fully inform you of all the risks before performing the procedure. 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. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. Start here to find personal injury lawyers near you. FBSS stands for Failed Back Surgery Syndrome. 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. If this happens, the patient will start to feel more pain. Hampton & King. 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. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. 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. This proved to be a bad choice because childrens bones are still growing. People sue over failed spinal fusions for a number of legal reasons. All Rights Reserved.The Schmidt Firm, PLLC | 3500 Maple Ave, Suite 1250 | Dallas, TX 75219 | (866) 920-0753Sitemap | Privacy Policy | Disclaimer, Call Today for a FREE Confidential Case Review. 2019 Ted Fund Donors Constant pain which does not occur during the healing process. I would not say that. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. There are now also synthetic materials to encourage bone growth. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. As the spine moves, the metal hardware that is inside might give in and break. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. The SIJ syndrome might have been misdiagnosed before the fusion. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. 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. 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. 2603 Augusta Suite 1300 Many lawsuits have been filed against manufacturers of these products, including Medtronic. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. You have a right to hold guilty people liable for your suffering. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. 4,000 claims have already been settled and the rest are predicted to be settled. All rights reserved. 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 In general, it takes at least three months to get a solid fusion, and it can take up to a year after the spine surgery. 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. Very often, a form of tuberculosis emerged in a patients vertebrae. Your email address will not be published. Thats a benefit as the body fills in the fusion site faster. 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. The woman underwent a cervical discectomy and fusion. Court of Appeals, 5th Dist. Over 10,000 lawsuits were filed against Medtronic. Thats the down side. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. Past Florida jury verdicts generally put the full value pain and suffering value of a single level fusion surgery at $250,000 to $400,000. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. The man could no longer work as a painter. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. David delivered more than expected for me in every way and I would recommend him to anyone. 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. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. This unfortunate phenomenon is called the ladder effect. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. Up to half of patients who were treated with Infuse bone grafts had serious medical complications.

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