3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. And heres a more specific example. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. Its likely your doctor had you sign a consent formexplaining that you understood the risks. David delivered more than expected for me in every way and I would recommend him to anyone. You have a broken vertebra from a severe injury that needs repair. The attorney listings on this site are paid attorney advertising. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. Spinal Fusion Lawsuit Following an injury, spinal fracture, infection, tumor, or other spinal condition, a spinal fusion surgery may be performed. Spinal Fusion Lawsuit. 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. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 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. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Have you been told you need spinal fusion surgery? Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. David delivered more than expected for me in every way and I would recommend him to anyone. Every surgical procedures carries some risk, and of course your doctor cant predict everything. The man could no longer work as a painter. 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 is a major surgical procedure requiring general anesthesia and takes several hours to complete. Some of the decision depends on how the first fusion was done and the location (neck or low back). 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. Prior to this approval, titanium cages were implanted to reinforce the spinal column and Medtronics Infuse Bone Grafts were approved with the requirement that certain polyetheretherketone cages be used to reinforce the spinal column during the fusion. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Read more about Enjuris. People sue over failed spinal fusions for a number of legal reasons. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. This can make botched spinal fusion lawsuits harder to win. This can cause stress and each movement over time might lead to ligamentous hypertrophy or bone spurs. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. A common reason for a failed fusion is that the patient's spine does not properly fuse. If so, dont hesitate to contact our office. If you or a loved one are suffering from these devastating effects, we want to help. The doctor recommended the surgery when it wasnt in the patients best interest. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. And it varies widely from state to state as well. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. A 51-year-old passenger was T-boned. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. 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. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. More treatment equals more damages. 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. 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. It is also used in eliminating pain along the spine. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. The woman underwent a cervical discectomy and fusion. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. 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. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. There are many different reasons to take legal action after a failed spinal fusion. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. While this wont make up for the loss of your loved one, it can help ease the financial impact that comes when a member of the family dies. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. When the spine is injured, it may be impact a patient in the following ways: Loss of bowel, bladder, and sexual function, They are negligent in performing the procedure or fail to recognize signs of complications, They recommend the procedure with the knowledge that it is not a good idea or they dont inform you about your alternative options, They fail to fully inform you of the risks before your surgery, Surgical implant defect was a result of poor design, marketing, or manufacturing, A surgical implant was marketed as safe and effective even though the manufacturer knew it wasnt, The manufacturer knew or should have known about the defects, The manufacturer failed to warn patients about the implant defects or potential hazard to health, Medical expenses including doctors bills, hospital bills, recovery therapy, medication, and follow up, Caregiver expenses accrued during recovery, Lost wages resulting from time off work while you were injured, Compensation for any short or long term disability including additional coverage for loss of consortium. 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. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? How many attorneys would tell a potential client that the client could do just as well without an attorney? 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. to verify that an attorney is licensed in Florida. The women alleged negligence against the surgeon. Its important to understand that many states have a statute of limitations with personal injury cases. But there is no average, as the settlement amount I can cite for you. An inspirational, peaceful, listening experience. Registered. 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. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. Obtain Long Term Pain Relief. Thin-slice CT scans have been used to assess the fusion site. A piece of fractured bone embedded into the protective covering of her spinal cord. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. A spinal fusion is meant to emulate that natural process. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. We advise to take all statistics with a grain of salt, because numbers vary a lot. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. Once the diagnosis has been made, what is the treatment for pseudarthrosis? The surgery was supposed to relieve pain in her neck, arms, and hands. As the spine moves, the metal hardware that is inside might give in and break. Of course, if part of the spine is immobilized, its going to change the way the spine moves. 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