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. 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. Soon after the spinal fusion surgery, Scovil started experiencing increased back pain again, but was merely prescribed pain medication by his physician, the lawsuit says. The name of this condition is adjacent segment disease. 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. 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During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. But there are so many variables that come into play so dont discount your situation without talking to a professional. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. Up to half of patients who received this treatment experienced serious medical complications, which had gone unreported by Medtronic in 13 studies. The third and highest level of treatment in back cases is usually spinal fusion surgery. Your spine has abnormal curvatures because of scoliosis or something like it. This degeneration is most likely to happen after a two-level fusion (e.g. 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. Working with David was a pleasure. Free personal injury guides for download to print or save. Ultimately, a jury must decide that question after hearing conflicting testimony from expert medical witnesses for both sides of the case. 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. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. But then theres the risk of donor site morbidity (problems) as described. One of them sustained nerve damage caused by her surgery. 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 failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. They will gather all the information you need for a successful outcome. It can occur without symptoms so the patient doesnt even know he or she has it. Each section is made of individual bones called vertebrae. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). 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. 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? 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. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. She then underwent a two-level cervical fusion. When the failure is on the part of the manufacturer (for example, a medical device company that offers a troublesome product), this is called products liability or defective products. This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. A real class act with your best interest at heart! 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. 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. But every situation is different, and thats why its important to speak with an attorney. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. Is Minimally Invasive Spine Surgery Right for You? 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. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. If you or a loved one are suffering from these devastating effects, we want to help. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. The rental car companys insurance includes uninsured motorist coverage. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. That is one in five people. Dr. Russell Hibbs, the surgeon-in-chief at New York Orthopedic Hospital, opened a clinic devoted to tuberculosis patients and began performing spinal fusions to treat these deformities. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. Spinal fusion is commonly used to treat spinal injuries and diseases like: Complications can arise in any surgery. Click here to read more. Ted's Bio; Fact Sheet; Hoja Informativa Del Ted Fund; Ted Fund Board 2021-22; 2021 Ted Fund Donors; Ted Fund Donors Over the Years. was 56 when she had spinal fusion surgery. These concentrated synthetic proteins were used for spinal fusion surgery. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. He used plaster casts to improve curvature of the spine. A 51-year-old passenger was T-boned. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. You have back pain caused by degenerative disc disease. They allege that the company incentivised medical professionals to use their product, the Infuse. The woman also made a vicarious liability claim against the at-fault drivers employer. 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. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. This includes failed spinal fusions, which often lead to lawsuits. 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). Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. This is usually in your neck or back right over the spine or along each side of the spine; conversely, it might be in the abdomen or throat to provide anterior access. Finally, how well does it work to try a different approach when treating failed fusions? 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. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. These failed fusions can be caused by hardware failures. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. 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. To help us understand why this happens, the authors present the many possible risk factors, and then walk us through the diagnosis and follow-up treatment. How does the physician diagnose pseudarthrosis? You have a broken vertebra from a severe injury that needs repair. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. There are three things to consider if you think youre a victim. 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. He argued that the man excessively sped and failed to observe his vehicle. I understand that submitting this form does not create an attorney-client relationship. A piece of fractured bone embedded into the protective covering of her spinal cord.