The vertebrae make up the weight bearing capabilities of the spine. And he didnt thoroughly consider her medical history. Only patients with painful, disabling symptoms would undergo a second (diagnostic) procedure. Recovery from spinal surgery takes months. Poor surgical technique. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. Call us at 800-553-8082 or submit a request for a free consultation. 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. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. The most common lawsuits involved failed devices involved the following legal reasons for liability: Surgical implant defect was a result of poor design, marketing, or manufacturing Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. The surgery can correct a herniated disc or repair a damaged spine. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. 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. A life taken away, and family and friends left to pick up the pieces. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. The man alleged that the truck drivers negligence caused his injuries. How much money can you get from a spinal fusion surgery lawsuit or settlement? A 44-year-old woman was involved in a chain-reaction collision. But for the patient with painful symptoms, if no graft was used in the first procedure, the surgeon may choose to take bone from a donor bank or from the patient and place it around the fusion site. The possible complications are the same as with any type of surgery anesthetic issues, bleeding and infections. A man was rear-ended by a truck. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. This case settled for $2,300,000. The purpose is to straighten the spine or reduce pain. The contact form sends information by non-encrypted email, which is not secure. The defense disputed the womans injury claims. Future lost income reduced to present value, Loss of capacity for the enjoyment of life, condition occurred with regularity and was therefore foreseeable, length of time that Target should have known it was there, metal rack that was holding the rug and the rug itself allegedly came loose and fell on the shoppers, things that can affect how much your injury case is worth, customer has 4 years to sue Home Depot if injured inside the store, shoulder surgery on a client of mine whose case I settled for $210,000, emotional well-being had been affected by theaccident, quality of her relationship with her husband had beenaffected by her accident related injuries, settled several injury cases with Travelers, injured persons age often affects the value of a case, uninsured/underinsured (UM/UIM) motorist coverage, National Car Rental also offers $100,000 in UM coverage, Avis website says that Additional Liability Insurance does, find out for FREEif we can represent you, Florida Motor Vehicle No-Fault Law, Personal Injury Protection (PIP), settled cases throughout the entire state of Florida. 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. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. It can occur without symptoms so the patient doesnt even know he or she has it. 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.". But little did she know, that her surgeon. 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. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. That said, the value of a pain and suffering claim involving a back or neck fusion surgery will probably fall somewhere between $250,000 and $400,000. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? cutting kaizen foam for sockets / how to reactivate silica gel in microwave / how to reactivate silica gel in microwave Every surgical procedures carries some risk, and of course your doctor cant predict everything. It is much less likely to happen if only the L5-S1 level is fused, as this segment typically does not have much motion and fusing this level does not change the mechanics in the spine all that much. The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. 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. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. This surgery is necessary when the spine is not capable of supporting normal loads and stresses due to injury or disease. Products commercially available that have been approved for use are showing some improved results in early studies but there are reported side effects with cervical fusion (e.g., neck swelling, difficulty swallowing) that have raised some concern. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. Read more about Enjuris. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. Cardiff ACP System complications can include: The Schmidt Firm, PLLC has been recognized as one of the nations leading plaintiffs' law firms and handles cases in all 50 states. He subsequently underwent three lumbar procedures. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. Are there any hidden costs? A 51-year-old passenger was T-boned. Make sure its not something serious. Spinal fusion surgery significantly increases the potential value of any back injury claim. Home; About. Rods, screws or metal plates may also be implanted to stabilize the area. In 2015, the FDA updated their original 2008 warning that the Medtronic Infuse Bone Grafts can cause excess bone growth and crowd organs in children. Paralysis Caused by Negligent Spinal Fusion Surgery These failed fusions can be caused by hardware failures. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. There are deformities in your spine that you need to repair. Its likely your doctor had you sign a consent formexplaining that you understood the risks. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. 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. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. 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. The man underwent multiple procedures. Fusions in the thoracic region, or the middle of the spine, are less common. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. All rights reserved. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. A doctor is negligent during the operation. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. And heres a more specific example. 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. Chicago, IL 60602. Perhaps you will no longer be able to turn your neck or your lower back no longer bends. Nevertheless, some people may feel pain in their leg after a lumbar decompression operation. A real class act with your best interest at heart! 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.
failed spinal fusion lawsuit Working with David was a pleasure. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. After the incision is made, bone graft is prepared. Biomet spinal fusion stimulator side effects may also include chronic . 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. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? Theres a lot of debate about what is and what isnt a solid fusion.
failed spinal fusion lawsuit - homelessnest.org ", "Working with David was a pleasure.
Spinal fusion surgery spawns lawsuits, controversy - Ventura County Star Spinal fusions can be traced back to the 5th century BCE. This case settled for $700,000. A spinal cord contusion. There are a lot of different opinions among equally skilled professionals. Either way, you need to convince a jury that if the risk had been disclosed, a reasonable patient would have refused the procedure. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. She argued that the womans abrupt stop made the collision unavoidable. Risk factors for revision spinal fusion are similar to first-fusion procedures but also include workers compensation status, active lawsuits, use of narcotics before surgery, and neurologic problems present before surgery.