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. Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. The pain is worse than before the fusion and is getting worse. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. Like Patricia, you deserve to know all potential risks prior to surgery. 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. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. 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. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. Your spine has abnormal curvatures because of scoliosis or something like it. failed spinal fusion lawsuit. Theres a lot of debate about what is and what isnt a solid fusion. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. Symptoms 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. 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. 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. These concentrated synthetic proteins were used for spinal fusion surgery. Registered.
Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. There are a lot of different opinions among equally skilled professionals. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. It can occur without symptoms so the patient doesnt even know he or she has it. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. They should tell you about potential spinal fusion complications. Unfortunately, she was injured during the surgery. 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.". A spinal fusion can result in a lawsuit for a slew of reasons. Your surgeon is responsible for medical malpractice with spinal fusion surgery if: In order to prove medical malpractice when it comes to failed spinal fusion surgery, you need to determine whether another reasonably competent surgeon is the same position would make the mistake. This could be from a car accident, a slip and fall accident, or a construction accident. Each section is made of individual bones called vertebrae. To make matters even more unfortunate, the device was used on children. The patient was not a good candidate for the surgery in the first place. The potential risks of Medtronics Infuse Bone Grafts included: Unfortunately, up to half the patients treated with Medtronics device ended up with serious medical complications. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. 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. degenerative spondylolisthesis) and far less common in disc degeneration problems (e.g. Spinal Fusion Lawsuit. 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 A common reason for a failed fusion is that the patient's spine does not properly fuse. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. Many lawsuits have been filed against manufacturers of these products, including Medtronic. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. There are advantages and disadvantages for each choice. Or ache which starts from a certain area and moves to another. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. A settlement for $1,250,000 was reached before trial. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. But she was also in pain. Around 4 weeks is needed after surgery for most of the pain to go away, but for some people it might take 3 to 6 months. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. 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. Smokers and patients who do not follow the guidelines for movement restriction during the post-operative period are at the greatest risk of failed fusion. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. Fusions in the thoracic region, or the middle of the spine, are less common. You have a broken vertebra from a severe injury that needs repair. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Therefore, spinal hardware (e.g. The woman could no longer work.
Medical Malpractice: Spinal Fusion Surgery - Zevan Davidson Roman, LLC This is expected to bar future claims of this kind. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery There are a lot of different opinions among equally skilled professionals. If the parts of the spine which have been operated on do not manage to fuse and heal properly, there might be pain which could progress over time. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. The woman underwent a cervical discectomy and fusion. 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. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. This proved to be a poor choice because childrens bones are still growing. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. 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. And he didnt thoroughly consider her medical history. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. They tend to have a good chance of being over $1,000,000. There are many different reasons to take legal action after a failed spinal fusion. 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. We are very proud of our legal achievements, but equally self-respecting of our firm's reputation for providing personal attention to each and every client we represent. Spinal injury settlements can help you recover lost income, medical expenses and more. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Yes. Suite 801A Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. Allograft (donor bone from a bank) is dead and doesnt produce new bone. But every situation is different, and thats why its important to speak with an attorney. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit https://crabbsattorneys.com/wp-content/themes/nichely3/images/empty/thumbnail . The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. But of course it depends on the details of your case. As time passes and the patients back begins to heal, he/she may start being more active. Up to half of patients who were treated with Infuse bone grafts had serious medical complications. We only represent people for injury or death that happened in Florida (or on a cruise). The doctor recommended the surgery when it wasnt in the patients best interest. 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. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. Injections can cause excess bone growth and crowd organs. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. 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. It generally goes away after a few days or weeks. Overview After any spine surgery, a percentage of patients may still experience pain. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. The defense admitted liability but disputed the injuries. The jury awarded a payout of $12,790,000. Of course, if part of the spine is immobilized, its going to change the way the spine moves. Are you a patient who underwent a spinal fusion surgery that failed? A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. Doctors should clearly communicate the risks involved. 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. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery. 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. 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. Surgery may be able to fix the condition but not eliminate the pain. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections.
Its important to understand that many states have a statute of limitations with personal injury cases. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. 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 There are now also synthetic materials to encourage bone growth. 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.
Failed Laminectomy & Fusion Surgery Lawyer - Texas Lawyers ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. 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. Spinal injury cases have a very high settlement value. Thats a benefit as the body fills in the fusion site faster. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. There are two reasons for this. Really top notch attorney, and law firm. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. Are there any hidden costs? You have chronic lower back pain that requires spinal fusion surgery. 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. This is taken either from the patients pelvic region or from a cadaver. 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. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. And research is ongoing in an attempt to find bone graft substitutes. Although surgery might not be able to remove the pain, it could be helpful for the condition. In Patricias case, the surgery never should have happened. And just how much motion constitutes a failed fusion remains fuzzy. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it.
Failed SI Joint Fusion - Colorado Spine Surgeon Here are some of the complications patients may endure after a spinal fusion surgery: Some of these symptoms may be considered normal, but if theyre severe or dont go away, there may be a problem. There is some risk inherent in any surgery, and patients typically sign an informed consent form acknowledging that they are aware of the risks of surgery. Ultimately, a jury must decide that question after hearing conflicting testimony from expert medical witnesses for both sides of the case. Studies show that fusion is almost always possible but symptoms dont always change as a result.
Patients at Risk for Biomet Spinal Fusion Stimulator Side Effects He argued that the man excessively sped and failed to observe his vehicle. 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 general, it takes at least three months to get a solid fusion, and it can take up to a year after the spine surgery.