If you think that you have a case based on the circumstances discussed in this article. After a spinal fusion surgery there might also be nerve damage in the lower back. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. The doctor recommended the surgery when it wasnt in the patients best interest. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. Implant failure following spine surgery should be very uncommon in normal sized individuals with a one level fusion. Are you experiencing any of these symptoms? He alleged that the police officers negligence caused his injuries. Its very, very important. Simply because you signed the sheet does not mean you will lose your informed consent case, but it does make winning harder. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. 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. 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. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. A doctor is negligent during the operation. Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. Its use is still in the experimental phase. Unfortunately, she was injured during the surgery. This case settled for $700,000. But little did she know, that her surgeon. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. All Rights Reserved. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. 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. An inspirational, peaceful, listening experience. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. 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. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. Rods, screws or metal plates may also be implanted to stabilize the area. Paralysis Caused by Negligent Spinal Fusion Surgery These failed fusions can be caused by hardware failures. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. Patricia was 56 when she had spinal fusion surgery. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. https://schwanerinjury.com/wp-content/uploads/2018/12/spine.jpg, https://schwanerinjury.com/wp-content/uploads/2016/04/Logo-837x321.png, Spinal Fusion Lawsuits and Settlement Guide. There are a lot of different opinions among equally skilled professionals. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. The fusion worked great for the first 5-6 months after which the pain returned. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. For both the cervical and lumbar spine, human bone morphogenetic protein (rhBMP-2) has been tried with mixed results. There are three things to consider if you think youre a victim. Veritas Health, LLC, 520 Lake Cook Road, Suite 350, Deerfield, IL, 60015, Comparison of 2-Level Cervical Artificial Disc vs. 2 Level ACDF, Lumbar Spine Fusion for Degenerative Disc Disease, Postoperative Care for Spinal Fusion Surgery, Back Surgery Video: How Spinal Fusion Stops Back Pain, Failed Back Surgery Syndrome (FBSS): What It Is and How to Avoid Pain after Surgery, Lumbar Decompression Back Surgery Considerations, Scar Tissue and Continued Pain After Back Surgery, Treatment for Failed Back Surgery Syndrome Video, What Causes Buttock Muscle Pain and How to Relieve it, Piriformis Syndrome: When the Symptoms Indicate a Medical Emergency, Massage to Reduce Buttock Muscle Pain from Piriformis Syndrome, Suffering from Lumbar Spinal Stenosis? If you or a loved one are suffering from these devastating effects, we want to help. There isn't a one-size-fits-all method of recovery after a failed first fusion. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! 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. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. 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. But this method isnt very reliable and wouldnt be done routinely after surgery if the patient wasnt having any problems. And it varies widely from state to state as well. This website, and all of its contents, is not intended, and does not create any attorney-client relationship between the viewer/reader and the attorneys at Schwaner Injury Law without the existence of a retained relationship. A 44-year-old woman was involved in a chain-reaction collision. JZ helps (a Florida injury law firm). Or a reasonable doctor would have given the information. Sadly, Patricia became paralyzed. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. Not enough study has been done to clear up any questions about these modalities. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. Talias doctor didnt give her case the proper time and attention it needed. Thats a benefit as the body fills in the fusion site faster. Your email address will not be published. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? The name of this condition is adjacent segment disease. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. However, if you live in Florida and the incident happened in another state, we may be able to represent you. Kornitzer's spinal fusion malpractice lawsuit includes allegations of negligence against his doctor and the New Jersey Spine Institute, claiming that they failed to follow the appropriate. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. One of them sustained nerve damage caused by her surgery. The most widespread are: It depends on a number of things. The woman underwent a cervical discectomy and fusion. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. They were investigated by the Senate Finance Committee and subpoenaed by the Department of Justice. But the results dont really add anything more than what is seen on the X-rays. 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. Sadly, Patricia became paralyzed. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. But if something about your care seems questionable, seek the help of an experienced legal professional. 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. Once this is complete, the surgeon will close the incision. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Its 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 question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. Did something seem off about your experience? 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. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from $250,000 to $400,000. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. David delivered more than expected for me in every way and I would recommend him to anyone. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. The risk increases when more than one vertebrae level is fused. Houston, TX 77057, The information on this website is for general information purposes only. This is expected to bar future claims of this kind. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. This proved to be a poor choice because childrens bones are still growing. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. I also understand that Miller & Zois works with multiple law firms on these claims and that I may be contacted by an affiliated law firm working with Miller & Zois on these lawsuits. Our lawyers have handled scores of cases where we were limited to the insurance policy limits although the claim had a much higher settlement value. The purpose is to straighten the spine or reduce pain. Those changes interfere in judging whether or not the fusion is completed. Health officials are concerned that children may be at greater risk of nerve damage, chronic pain, weakness, and other complications due to their smaller size and growing skeleton. The renter purchased coverage when he or she rented the car. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? 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. She then underwent a two-level cervical fusion. They will be more likely to discredit any alleged pain & suffering and devalue the claim. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. 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. Ready to inquire about a spinal fusion lawsuit? And heres a more specific example. Studies show that fusion is almost always possible but symptoms dont always change as a result. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. He alleged that the at-fault drivers negligence caused his permanent injuries. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. When the L4-L5 level is included in the spine fusion it transfers a lot of stress to L3-L4. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. 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. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Like Patricia, you deserve to know all potential risks prior to surgery. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. A common reason for a failed fusion is that the patient's spine does not properly fuse. Or it can cause back and leg (or arm) pain, depending on whether the fusion is at the cervical (neck) or lumbar (low back) level. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. The jury found the at-fault driver 100 percent liable. I can speak for personal injury cases in Florida. Would a reasonably skilled surgeon in the same position have made the same mistake? They will gather all the information you need for a successful outcome. When external measures like braces and therapy are not enough, surgery is usually required. The woman underwent chiropractic care, massage therapy, and spinal injections. Schwaner Injury Law is committed to helping individuals and families with personal injury cases throughout Illinois and are proud to service the following cities: Chicago, Chicago Heights, Aurora, Schaumburg, Palatine, Skokie, Tinley Park, Mount Prospect, Arlington Heights, Des Plaines, Oak Park, Downers Grove, Elmhurst, Lombard, Buffalo Grove, Bartlett, Streamwood, Carol Stream, Park Ridge, Addison, Northbrook. 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. A common reason for a failed fusion is that the patient's spine does not properly fuse. The surgery can correct a herniated disc or repair a damaged spine. Spinal fusion surgery significantly increases the potential value of any back injury claim. Spinal fusion is a surgery that permanently joins bones in the spine. Overview After any spine surgery, a percentage of patients may still experience pain. Make sure its not something serious. 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. 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. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. The woman sustained cognitive loss and chronic migraines. 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 women alleged negligence against the surgeon. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. 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. 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.