failed spinal fusion lawsuit failed spinal fusion lawsuit

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. If you or a loved one are suffering from these devastating effects, we want to help. 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. This could be from a car accident, a slip and fall accident, or a construction accident. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? A jury awarded the man $4,375,018. If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. What can the surgeon do for this problem? He was always keeping me updated on everything every step through the process and was always available for me if I had a question. A piece of fractured bone embedded into the protective covering of her spinal cord. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. accelerated wear and tear on remaining vertebrae and possible chronic pain. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); -10 Best In Client Satisfaction: American Institute of Personal Injury Attorneys, David Delivered More than Expected for Me in Every Way. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. The typical cost of spinal fusion surgery can range from $16,000 to $30,000 depending on various factors such as the type of fusion surgery, the location on the spine, and the location where the procedure is done. Working with David was a pleasure. 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 Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. Thin-slice CT scans have been used to assess the fusion site. 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. However, there have been a number of successful medical malpractice cases stemming from spinal fusions that should not have been recommended in the first place. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. Is Minimally Invasive Spine Surgery Right for You? If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. 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. FBSS stands for Failed Back Surgery Syndrome. Spinal Fusion Lawsuit. Make sure its not something serious. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. And your doctors should communicate any alternative treatment options available. Financial compensation may include coverage for: Additionally, the families of patients who die as a result of failed spinal fusion surgery may be entitled to wrongful death compensation. When the fusion is for back pain and/or spinal instability, there is a correlation (although weak) between obtaining a solid fusion and having a better result of the spine surgery. He alleged that the at-fault drivers negligence caused his permanent injuries. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Since many patients who undergo a failed spinal fusion surgery are entitled to compensation, hiring a personal injury attorney can help get you the outcome you deserve. 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. 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. A common reason for a failed fusion is that the patient's spine does not properly fuse. You can find more information on that below. You have a right to hold guilty people liable for your suffering. The women alleged negligence against the surgeon. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. 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. The pain is worse than before the fusion and is getting worse. But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. Not enough study has been done to clear up any questions about these modalities. They should tell you about potential spinal fusion complications. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. Your spine is weak because of infection (or tumors). This material is inserted between vertebrae and is meant to fuse them together. Studies show that fusion is almost always possible but symptoms dont always change as a result. Working with David was a pleasure. failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit https://crabbsattorneys.com/wp-content/themes/nichely3/images/empty/thumbnail . He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. Therefore, spinal hardware (e.g. Poor surgical technique. The woman sustained cognitive loss and chronic migraines. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Nevertheless, some people may feel pain in their leg after a lumbar decompression operation. For most types of back injuries, there are three escalating levels of potential medical treatment that might be required: The average settlement value of a back-injury claim will increase based on the level of treatment that the plaintiff underwent. When it comes to failed spinal fusion surgery, you need a personal injury attorney. The attorney listings on this site are paid attorney advertising. If your accident did NOT happen in Florida or on a cruise, and you don't live in Florida, I likely won't be able to represent you. This unfortunate phenomenon is called the ladder effect. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Unfortunately, some spinal fusion surgeries fail. A reasonable patient would have wanted the information. The womens symptoms failed to resolve. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. He subsequently underwent three lumbar procedures. Start here to find personal injury lawyers near you. Did something seem off about your experience? Nerve damage that is either temporary or permanent. The most widespread are: It depends on a number of things. Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. After a spinal fusion surgery there might also be nerve damage in the lower back. In Patricias case, the surgery never should have happened. Locked pseudoarthrosis describes a situation in which the top and bottom of the cage inserted between the two vertebrae has fused solid but the middle (inside the cage) has not filled in with bone and solidified. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. 2018. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. She injured her head, neck, and back. 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. It depends on a number of things. Level 1 treatment for back injuries usually involves some combination of anti-inflammatory pain medication (e.g., If pain meds and physical therapy are not effective at eliminating chronic pain from a back injury, the next level of treatment involves. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. (Had they been given the information.) When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. The procedure is used to stabilize, straighten or reduce pain in the spine. Ready to inquire about a spinal fusion lawsuit? 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. 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. Second, talk to an attorney. They should tell you about potential spinal fusion complications. When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. Nowadays, surgery is a lot better than it used to be, say, 20 years ago. If the spinal fusion is not successful the patient may feel back or leg pain, for example. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. How much money can you get from a spinal fusion surgery lawsuit or settlement? Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? ", 111 N Wabash Avenue Paralysis Caused by Negligent Spinal Fusion Surgery The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! Read more about Enjuris. Keep reading to learn more! The woman underwent a cervical discectomy and fusion. was 56 when she had spinal fusion surgery. 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. 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. Your email address will not be published. The result? Spinal fusions can be traced back to the 5th century BCE. But she was also in pain. 950 Infuse Bone Graft Lawsuits Settled for $22 Million, 1,000 Patients file Medtronic Infuse Bone Graft Lawsuits, Cardiff Anterior Cervical Plate System Lawsuit, Medtronic Infuse No Better than Bone Graft, Higher Risks, Medtronic Infuse Bone Graft Lawsuit Filed in Virginia, Lawdragon Top 500 Leading Lawyers in America. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. Often this is linked to that persons occupation or posture; however, sometimes it is because of a structural defect in the spinal column that must be corrected for pain to recede. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. Allograft (donor bone from a bank) is dead and doesnt produce new bone. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). You have chronic lower back pain that requires spinal fusion surgery. Most attorneys would just take their cut and run, but Dave did just that with a referral. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. 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. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. I can speak for personal injury cases in Florida. Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. More treatment equals more damages. The risk increases when more than one vertebrae level is fused. Jumping right into a complicated surgery resulted in Patricia never being able to walk again. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. In fusions, metal rods and screws are used to anchor the spine in place while . The doctor recommended the surgery when it wasnt in the patients best interest. She then underwent a two-level cervical fusion. Spinal fusion surgery significantly increases the potential value of any back injury claim. The next level of treatment in most back-injury cases is epidural steroid injections. There are three things to consider if you think youre a victim. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Sadly, Patricia became paralyzed. This case settled for $2,300,000. Our lawyers have handled scores of cases where we were limited to the insurance policy limits although the claim had a much higher settlement value. This includes failed spinal fusions, which often lead to lawsuits. clear, understandable information about muscles, bones and joints. Yes. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. Yes. And heres a more specific example. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. overcome hurdles synonym LIVE These include the cervical spine, the thoracic spine, and the lumbar spine. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). But little did she know, that her surgeon. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. Two women underwent spinal fusions performed by the same surgeon. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. Its application spread to include other conditions like degenerative disc disease and scoliosis because doctors noticed patients back pain decreased after these procedures. 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. A 52-year-old man was rear-ended. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. Any statistician who pulled the methodology of how these numbers are calculated would have grave reservations about relying on any of these estimates as a true average spinal surgery settlement value. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. Theres a lot of debate about what is and what isnt a solid fusion. 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). Overview After any spine surgery, a percentage of patients may still experience pain. 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. Are you experiencing any of these symptoms? The man underwent cervical and lumbar fusions. 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. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. As a spinal fusion patient, you are undoubtedly in close contact with your medical professionals and know whether to rule out routine issues that can arise.