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. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. All Rights Reserved. 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. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. I have had to resign my teaching position and I have no quality of life. Spinal fusion is a surgery that permanently joins bones in the spine. After the incision is made, bone graft is prepared. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. The woman could no longer work. This website is for informational and advertising purposes only. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. Houston SEO | Hyperlinks Media by Hyperlinks Media. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. Complications with the spine hardware. FBSS stands for Failed Back Surgery Syndrome. Over 10,000 lawsuits were filed against Medtronic. Once these are removed, they are replaced with metal devices that stabilize the spine. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. Despite the surgery, the womans C5-6 symptoms lingered. FBSS stands for Failed Back Surgery Syndrome. Every surgical procedures carries some risk, and of course your doctor cant predict everything. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. 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. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. How many attorneys would tell a potential client that the client could do just as well without an attorney? When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. Any and all correspondence, including email, between the viewer/reader and the attorneys at Schwaner Injury Law is confidential and protected by the laws applicable to attorney-client privileges, however it does not create any binding legal representation unless specifically contracted to for representation through a written contract for representation. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 fusion surgery. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. Nothing on this site should be taken as legal advice for any individual case or situation. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. 2019 Ted Fund Donors This could be from a car accident, a slip and fall accident, or a construction accident. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. Not only is David knowledgeable and a gifted attorney, hes a very sympathetic individual who takes the time to get to know you and your situation. The at-fault driver denied liability. 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. He alleged that the police officers negligence caused his injuries. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. Pain or a feeling of numbness starting from the low back and spreading down the legs. There are a lot of different opinions among equally skilled professionals. 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. And, spinal fusion surgery is no different. She injured her head, neck, and back. *. Its use is still in the experimental phase. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. 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. Dynamic means the X-rays are taken as the patient is moving. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. Ultimately, a jury must decide that question after hearing conflicting testimony from expert medical witnesses for both sides of the case. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. But there are so many variables that come into play so dont discount your situation without talking to a professional. She underwent a two-level cervical fusion and discectomy. She argued that the womans abrupt stop made the collision unavoidable. Home; About. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. Does that make these statistics useless? When it comes to failed spinal fusion surgery, you need a personal injury attorney. Overview After any spine surgery, a percentage of patients may still experience pain. She alleged that the at-fault drivers negligent tailgating caused her injuries. The doctor recommended the surgery when it wasnt in the patients best interest. You have a broken vertebra from a severe injury that needs repair. The man alleged that the truck drivers negligence caused his injuries. I understand that submitting this form does not create an attorney-client relationship. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. Fusions in the thoracic region, or the middle of the spine, are less common. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. 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 doctor failed to recognize a complication during the procedure. Start here to find personal injury lawyers near you. 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. It depends on a number of things. Patients also claim that Medtronics used deceptive marketing to tout the wonders of their product and that its use actually has a very narrow application. But little did she know, that her surgeon. Houston, TX 77057, The information on this website is for general information purposes only. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. They will gather all the information you need for a successful outcome. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. Theres a lot of debate about what is and what isnt a solid fusion. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. The surgery was supposed to relieve pain in her neck, arms, and hands. If you need to consult with an attorney please consult with an attorney who practices in your area or in the area where the investigation is pending, or arrest was made. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. Factors influencing the average settlement for spinal fusion lawsuits include: If you think that you have a case based on the circumstances discussed in this article, contact our office by filling out a brief online form. This surgery eliminates movement in that area and is a permanent solution. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. But every situation is different, and thats why its important to speak with an attorney. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. They were told that these procedures were necessary. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. Or tingling sensation, weakness, or numbness. Most attorneys would just take their cut and run, but Dave did just that with a referral. Have you been told you need spinal fusion surgery? 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. But the results dont really add anything more than what is seen on the X-rays. Doctors should clearly communicate the risks involved. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. The second reason spinal fusion surgery significantly increases the value of a back-injury case is that it validates the plaintiffs injury and pain & suffering claim. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. 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. clear, understandable information about muscles, bones and joints. When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. 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 . These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. 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. The man could no longer work as a painter. But, lets say the cause of the unsuccessful surgery is negligence. Therefore, spinal hardware (e.g. Spinal fusion surgery significantly increases the potential value of any back injury claim. The SIJ syndrome might have been misdiagnosed before the fusion. And heres a more specific example. Even though you might have chosen the best surgeons, sometimes procedures fail. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. Spinal injury settlements can help you recover lost income, medical expenses and more. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. A common reason for a failed fusion is that the patient's spine does not properly fuse. At only 23 years old, Talia had an extremely bright future ahead of her. The pain is worse than before the fusion and is getting worse. 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. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc.
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