The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. 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. She underwent a two-level cervical fusion and discectomy. Rods, screws or metal plates may also be implanted to stabilize the area. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. Paralysis Caused by Negligent Spinal Fusion Surgery You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. This case settled for $700,000. The man underwent multiple procedures. David delivered more than expected for me in every way and I would recommend him to anyone. Negotiating lawyers fees - how do accident lawyers charge? Speaking with your doctor is always a good first step, because while back pain might automatically mean a bad day for your spine, to your doctor it could mean something else like kidney stones, for example. Next Page: But there are so many variables that come into play so dont discount your situation without talking to a professional. There are so many factors including the severity of the injury, the cost of medical treatment, the length of disability, the state laws governing workers compensation, and the insurers policies that average settlement statistics really are useless to you. She was smart, beautiful, and had a special artistic ability. 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. Does that make these statistics useless? This material is inserted between vertebrae and is meant to fuse them together. Start here to find personal injury lawyers near you. 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. 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 spinal cord contusion. A woman was rear-ended on an exit ramp. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. This unfortunate phenomenon is called the ladder effect. Given the well-known complications of spinal fusions, your doctor most likely detailed those risks to you in person and had you sign an informed consent sheet before the procedure. 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. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. 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. The doctor recommended the surgery when it wasnt in the patients best interest. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. Constant pain which does not occur during the healing process. Talias doctor didnt give her case the proper time and attention it needed. In many cases, this surgery is necessary because a patients spine is no longer capable of supporting the normal load and stress of the body. 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? First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. The surgeon was negligent while performing surgery, A surgical implant was marketed as safe and effective when the manufacturer knew it wasnt (see Medtronics Infuse Bone Graft, below, which describes what happened when this injection was marketed for conditions the FDA had not approved), A surgical implants defects were related to its design, marketing or manufacture, The manufacturer knew or should have known about the defects, The manufacturer failed to warn patients about the implants defects and potential harm, Broken or defective spinal implants, such as pedicle screws, Injury to surrounding tissues and blood vessels. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. Finding the best attorney to represent you, Personal injury vs. workers compensation, Food and Drug Administration approved Medtronics Infuse Bone Grafts, gone unreported by Medtronic in 13 studies, medical malpractice claims for unnecessary surgeries, Jules Guerin conducted the first fusions for patients with scoliosis, Spinal interventions became very necessary in the 1900s, Tips on finding a qualified personal injury attorney - where to look, Choosing a personal injury attorney interview questions. Spinal fusion procedures that triggered many of the 17 lawsuits lodged against a former Ventura neurosurgeon regularly spawn litigation and are sometimes used on patients who have little chance of benefiting, according to surgeon specialists at USC and UCLA. 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. Each state has a statute of limitations (AKA the time in which to file a legal claim). Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. There isn't a one-size-fits-all method of recovery after a failed first fusion. Complications with the spine hardware. 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. You can find more information on that below. Thin-slice CT scans have been used to assess the fusion site. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. 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. 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. failed spinal fusion lawsuit. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. At only 23 years old, Talia had an extremely bright future ahead of her. If this happens, the patient will start to feel more pain. Click here to read more. 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. Each vertebrae is made up of several parts. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. And heres a more specific example. However, there have been a number of successful medical malpractice cases stemming from spinal fusions that should not have been recommended in the first place. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic. Home; About. Of course, if part of the spine is immobilized, its going to change the way the spine moves. 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. Second, talk to an attorney. Other reasons for a failed spinal fusion can include: Severe infection or post-surgery complications Surrounding vertebrae/discs develop problems The fusion fails to take for a reason other than scar tissue Hardware or metal implant breakage Issues with a bone graft Patient experiences bleeding or blood clots Symptoms Treatment CLICK HERE The manufacturer doesnt warn about the possible harm or defects in the implant. There hasnt been much published yet on results of this technique. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. What can the surgeon do for this problem? Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. She alleged that the at-fault drivers negligent tailgating caused her injuries. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. It depends on a number of things. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. The renter purchased coverage when he or she rented the car. All Rights Reserved.The Schmidt Firm, PLLC | 3500 Maple Ave, Suite 1250 | Dallas, TX 75219 | (866) 920-0753Sitemap | Privacy Policy | Disclaimer, Call Today for a FREE Confidential Case Review. This can make botched spinal fusion lawsuits harder to win. Or a reasonable doctor would have given the information. The one exception to this is in the case of locked pseudoarthrosis. 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. If a solid fusion is not obtained through the spine surgery, but the hardware is intact and there is still good stability to the spine, the patient may still achieve effective back pain relief with the spine surgery. Or ache which starts from a certain area and moves to another. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. 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. One of them sustained nerve damage caused by her surgery. When spinal fusion surgery fails as a result of medical malpractice, your doctor may be responsible. They awarded the woman $1,051,800. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). 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. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. To make matters even more unfortunate, the device was used on children. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. The SIJ syndrome might have been misdiagnosed before the fusion. If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. From the first time I spoke to him I felt at ease with him as he seemed more concerned with my well-being before all. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). We strongly recommend that, if you are in need of legal advice, you should consult in person with an attorney who is fully aware of your needs. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). Level 1 treatment for back injuries usually involves some combination of anti-inflammatory pain medication (e.g., If pain meds and physical therapy are not effective at eliminating chronic pain from a back injury, the next level of treatment involves. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. The man alleged that the truck drivers negligence caused his injuries. 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.
Ronald Blaylock Net Worth,
Weworewhat Life Coach,
Articles F