A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. It's connected to patients who feel pain after having spinal surgery that remains the same or is new and is located in their back or leg. 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 didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. 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. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. Registered. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. 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. Suite 801A What to do after a Failed Spinal Fusion Surgery? | Dr. Sinicropoi 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. David delivered more than expected for me in every way and I would recommend him to anyone. He subsequently underwent three lumbar procedures. Not enough study has been done to clear up any questions about these modalities. In Patricias case, the surgery never should have happened. FBSS stands for Failed Back Surgery Syndrome. He injured his neck, lower back, and right leg. 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. Thats a benefit as the body fills in the fusion site faster. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. was 56 when she had spinal fusion surgery. But the results dont really add anything more than what is seen on the X-rays. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. Two women underwent spinal fusions performed by the same surgeon. Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer How Much Money Can You Get from a Spinal Fusion Surgery Lawsuit Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. Have you been told you need spinal fusion surgery? He alleged that the police officers negligence caused his injuries. Yes. A settlement for $1,250,000 was reached before trial. 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 fusion surgery spawns lawsuits, controversy - Ventura County Star Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. This proved to be a poor choice because childrens bones are still growing. Nowadays, surgery is a lot better than it used to be, say, 20 years ago. The vertebrae make up the weight bearing capabilities of the spine. If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. However, if you live in Florida and the incident happened in another state, we may be able to represent you. Depending on the state you live in, you may need to prove that: If youre pursuing this avenue, a lawyer will want to prove that a reasonable patient would have said no to the procedure. 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. Medical Malpractice: Spinal Fusion Surgery - Zevan Davidson Roman, LLC She underwent a two-level cervical fusion and discectomy. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. The sooner you talk to an attorney about your case, the better they can preserve your claim if they feel you have legal reasons for a lawsuit. It depends on a number of things. Injuries, risks and complications after failed spinal fusions, Existing litigation for spinal fusion medical devices, FDA actions regarding spinal fusion medical devices, What to do if your spinal fusion is causing issues. She was smart, beautiful, and had a special artistic ability. Free personal injury guides for download to print or save. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. There are many reasons a doctor may suggest a possible spinal fusion surgery, but here are a few: No matter what injury or condition brings you to the doctor, you deserve quality care. She then underwent a two-level cervical fusion. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. A jury awarded the man $4,375,018. What's the Average Settlement for Spinal Fusion Surgery? One of them sustained nerve damage caused by her surgery. Plating anteriorly (from the front of the neck) is usually advised when there are multiple levels being fused. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. The SIJ syndrome might have been misdiagnosed before the fusion. There might be harvesting of bone graft, located close to the joint (in the iliac crest). There are deformities in your spine that you need to repair. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. Any text and information on this website is intended for general informational purposes only and does not constitute legal advice from the law office of Schwaner Injury Law. The defense admitted liability but disputed the injuries. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. People sue over failed spinal fusions for a number of legal 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. Surgery may be able to fix the condition but not eliminate the pain. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). And it varies widely from state to state as well. She suffered a traumatic brain injury, a neck injury, and a disc herniation. Sadly, Patricia became paralyzed. This case settled for $700,000. The bones, called vertebrae, are fused together to form one solid bone. You have a right to hold guilty people liable for your suffering. Spinal fusions can be performed from the posterior (back) or anterior (front). Would a reasonably skilled surgeon in the same position have made the same mistake? Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. Or a reasonable doctor would have given the information. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. In very unstable spines, it is therefore a race between the spine fusing (and the patients bone then providing support for the spine), and the metal failing. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Can I Sue for Failed Spinal Fusion Surgery? And thats because surgeons now have at their disposal better ways to perform the surgery and improved hardware such as pedicle screws and locking plates to hold the bones together. The name of this condition is adjacent segment disease. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. 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.". 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. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. So, whos at risk for pseudarthrosis? 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. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. 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. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. Ready to inquire about a spinal fusion lawsuit? These failed fusions can be caused by hardware failures. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. 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. Its very, very important. Once the diagnosis has been made, what is the treatment for pseudarthrosis? 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. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. He alleged that the at-fault drivers negligence caused his permanent injuries. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. Copyright 2020 The Schmidt Firm, PLLC. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. And research is ongoing in an attempt to find bone graft substitutes. 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. Each vertebrae is made up of several parts. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. Its very, very important. These cases are generally due to injury or disease. Call us at 800-553-8082 or submit a request for a free consultation. But anyone who has reduced blood supply or metabolic disorders such as heart disease or diabetes can also experience delayed wound healing or infections that can leave patients with lower fusion rates. She alleged that the at-fault drivers negligent tailgating caused her injuries. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. 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. They should tell you about potential spinal fusion complications. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. This could be from a car accident, a slip and fall accident, or a construction accident. A Missouri woman has joined a growing number of individuals throughout the country who are pursuing a lawsuit over the Medtronic Infuse Bone Graft and LT-Cage, alleging that the spinal fusion. Or ache which starts from a certain area and moves to another. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain.