failed spinal fusion lawsuit

The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. Paralysis Caused by Negligent Spinal Fusion Surgery Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. Unfortunately, she was injured during the surgery. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. In 2015, the FDA approved their use for lumbar procedures. 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. She injured her head, neck, and back. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. But every situation is different, and thats why its important to speak with an attorney. This degeneration is most likely to happen after a two-level fusion (e.g. cutting kaizen foam for sockets / how to reactivate silica gel in microwave / how to reactivate silica gel in microwave A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. Most attorneys would just take their cut and run, but Dave did just that with a referral. The man underwent multiple procedures. A real class act with your best interest at heart! Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. In fusions, metal rods and screws are used to anchor the spine in place while . Nerve damage that is either temporary or permanent. But little did she know, that her surgeon. A woman was rear-ended on an exit ramp. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. to verify that an attorney is licensed in Florida. Obtain Long Term Pain Relief. Overview After any spine surgery, a percentage of patients may still experience pain. But there are so many variables that come into play so dont discount your situation without talking to a professional. Injections can cause excess bone growth and crowd organs. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Once these are removed, they are replaced with metal devices that stabilize the spine. Perhaps you will no longer be able to turn your neck or your lower back no longer bends. Negligently performing the procedure and/or failing to recognize a complication. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. Its very, very important. They included a revision fusion, a decompression, and a laminectomy. 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. Spinal fusion surgery is used to treat many accident-related back injuries, including: As a general rule, in personal injury cases, all surgery greatly increases the potential settlement value of the plaintiffs injuries. The defense disputed the womans injury claims. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. 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. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. 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. They will gather all the information you need for a successful outcome. There are a lot of different opinions among equally skilled professionals. The women alleged negligence against the surgeon. He subsequently underwent three lumbar procedures. If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. All Rights Reserved. This surgery eliminates movement in that area and is a permanent solution. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. The doctor failed to recognize a complication during the procedure. A life taken away, and family and friends left to pick up the pieces. The at-fault driver denied liability. But if something about your care seems questionable, seek the help of an experienced legal professional. 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. The next level of treatment in most back-injury cases is epidural steroid injections. For many, this surgery can bring forth a greater quality of life. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. A 52-year-old man was rear-ended. A patient may experience recurrent pain many years after a spine fusion surgery. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. The doctor recommended the surgery when it wasnt in the patients best interest. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. I have had to resign my teaching position and I have no quality of life. A 51-year-old passenger was T-boned. 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. But there are so many variables that come into play so dont discount your situation without talking to a professional. If you or a loved one are suffering from these devastating effects, we want to help. 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. accelerated wear and tear on remaining vertebrae and possible chronic pain. A piece of fractured bone embedded into the protective covering of her spinal cord. Simply because you signed the sheet does not mean you will lose your informed consent case, but it does make winning harder. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. When spinal fusion surgery fails as a result of medical malpractice, your doctor may be responsible. Any use of material contained in this web site is at the user's sole risk, and we expressly disclaim any liability for the use thereof. 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. This case is different from the others because it is a medical malpractice claim. She underwent a two-level cervical fusion and discectomy. As time passes and the patients back begins to heal, he/she may start being more active. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Its very, very important. A common reason for a failed fusion is that the patient's spine does not properly fuse. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 fusion surgery. These failed fusions can be caused by hardware failures. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. Ready to inquire about a spinal fusion lawsuit? Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, injury to blood vessels or nerves in and around the spine, pain at the site from which a bone graft is taken, and. 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 Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). In recent years, a flurry of lawsuits have been filed against a company called Medtronic. Talias doctor didnt give her case the proper time and attention it needed. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. 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). You have a broken vertebra from a severe injury that needs repair. You have a right to hold guilty people liable for your suffering. Working with David was a pleasure. 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. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. In Patricias case, the surgery never should have happened. FBSS stands for Failed Back Surgery Syndrome. *. They should tell you about potential spinal fusion complications. 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. There are three things to consider if you think youre a victim. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. And, spinal fusion surgery is no different. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. Houston, TX 77057, The information on this website is for general information purposes only. And it varies widely from state to state as well. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. There isn't a one-size-fits-all method of recovery after a failed first fusion. Doctors should clearly communicate the risks involved. 1999-2023 Veritas Health, LLC. Nothing on this site should be taken as legal advice for any individual case or situation. 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. Every surgical procedures carries some risk, and of course your doctor cant predict everything. Make sure its not something serious. 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. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. A man was rear-ended by a truck. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. A spinal fusion is meant to emulate that natural process. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. There are two reasons for this. But of course it depends on the details of your case. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. The risk increases when more than one vertebrae level is fused. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. Are you a patient who underwent a spinal fusion surgery that failed? 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Poor surgical technique. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. The womens symptoms failed to resolve. 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 research is ongoing in an attempt to find bone graft substitutes. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. This is very true in back injury cases involving spinal fusion surgery. You have a right to hold guilty people liable for your suffering. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. Although surgery might not be able to remove the pain, it could be helpful for the condition. A reasonable patient would have wanted the information. A settlement for $1,250,000 was reached before trial. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. 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. ", 111 N Wabash Avenue Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. He alleged that the at-fault drivers negligence caused his permanent injuries. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. Spinal fusion is a surgery that permanently joins bones in the spine. The SIJ syndrome might have been misdiagnosed before the fusion. How many attorneys would tell a potential client that the client could do just as well without an attorney? Two women underwent spinal fusions performed by the same surgeon. Spinal fusion surgery significantly increases the potential value of any back injury claim. 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. Rods, screws or metal plates may also be implanted to stabilize the area. When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. 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. After the incision is made, bone graft is prepared. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. The surgery was supposed to relieve pain in her neck, arms, and hands. 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. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. This website is for informational and advertising purposes only. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. In addition to the primary reasons for failed back surgery syndrome (FBSS) discussed on the prior page, there are several reasons why a spinal fusion might fail to alleviate a patients back pain after surgery, including fusion and implant failures, and transfer lesions. If you think that you have a case based on the circumstances discussed in this article. 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. A lawyer can preserve your claim. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. If so, dont hesitate to contact our office. 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 bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. However, if you live in Florida and the incident happened in another state, we may be able to represent you. There are many reasons spinal fusion surgeries fail. Each section is made of individual bones called vertebrae. The contact form sends information by non-encrypted email, which is not secure. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. 2603 Augusta Suite 1300 When it comes to failed spinal fusion surgery, you need a personal injury attorney. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. If the spinal fusion is not successful the patient may feel back or leg pain, for example. 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. Despite the surgery, the womans C5-6 symptoms lingered. Is Minimally Invasive Spine Surgery Right for You? Of course, if part of the spine is immobilized, its going to change the way the spine moves. The vertebrae make up the weight bearing capabilities of the spine. Once you are past that window of time, you can no longer file. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. A jury awarded $1,135,346. Yes. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. The pain is worse than before the fusion and is getting worse. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. Some of the decision depends on how the first fusion was done and the location (neck or low back). Houston SEO | Hyperlinks Media by Hyperlinks Media. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. At only 23 years old, Talia had an extremely bright future ahead of her. The woman underwent a cervical discectomy and fusion. When the shiny newness of the surgery faded, patients began reporting poor recoveries. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. But then theres the risk of donor site morbidity (problems) as described. 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. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. As the spine moves, the metal hardware that is inside might give in and break. Home; About. Start here to find personal injury lawyers near you. There are now also synthetic materials to encourage bone growth. So, whos at risk for pseudarthrosis? Click here to read more. They were told that these procedures were necessary. Or a reasonable doctor would have given the information. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. In some states, the information on this website may be considered a lawyer referral service. 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. A man was broadsided by a police officer. 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. We advise to take all statistics with a grain of salt, because numbers vary a lot. It can occur without symptoms so the patient doesnt even know he or she has it. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. Up to half of patients who were treated with Infuse bone grafts had serious medical complications. The one exception to this is in the case of locked pseudoarthrosis. These failed fusions can be caused by hardware failures. If there are no symptoms, then it might warrant a wait-and-see approach. The result? Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. Given the well-known complications of spinal fusions, your doctor most likely detailed those risks to you in person and had you sign an informed consent sheet before the procedure. The name of this condition is adjacent segment disease. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Spinal implants may be temporary or permanent. 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 . The man underwent a lumbar fusion and a cervical discectomy. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. They should tell you about potential spinal fusion complications. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. 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. Spinal Fusion Lawsuit. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. 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. 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. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. I would not say that. You have back pain caused by degenerative disc disease. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery Suite 801A Like we covered earlier, it varies from state to state, and a lot. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. The patient was not a good candidate for the surgery in the first place. 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. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. Cages have been made of titanium for the most part. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. Have you been told you need spinal fusion surgery? Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. Biomet spinal fusion stimulator side effects may also include chronic . 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. 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.

Bretby Garden Centre Cafe Menu, Gdp Banana Smoothie Tune, Articles F