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. A jury awarded $1,135,346. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. Copyright 2020 The Schmidt Firm, PLLC. There are many different reasons to take legal action after a failed spinal fusion. According to the Mayo Clinic, common risks of spinal fusion include: While medical negligence can show up in a variety of forms, there are essentially three ways your surgeon or other medical professional can be liable for malpractice when it comes to spinal fusion: For the first two types of malpractice, the question is whether a reasonably competent surgeon or other medical practitioner in the same position could make the same mistake (this is called the medical standard of care). Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. 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. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. These failed fusions can be caused by hardware failures. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. The one exception to this is in the case of locked pseudoarthrosis. This could be from a car accident, a slip and fall accident, or a construction accident. Not enough study has been done to clear up any questions about these modalities. You have a right to hold guilty people liable for your suffering. There are many reasons spinal fusion surgeries fail. Failed Spinal Fusion Symptoms & Treatments - BSSNY How much money can you get from a spinal fusion surgery lawsuit or settlement? If you or a family member have been the victim of a failed spinal cord surgery including a defective neurostimulation implant, please feel free to submit an inquiry or send an e-mail to Texas failed back surgery lawyer and defective implantable neurostimulation lawyer Jason Coomer. If your spinal fusion surgery was caused by another person who acted wrongly, carelessly, or recklessly, you deserve to receive compensation for your injuries. And heres a more specific example. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. If you or a loved one are suffering from these devastating effects, we want to help. 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. And research is ongoing in an attempt to find bone graft substitutes. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. If the parts of the spine which have been operated on do not manage to fuse and heal properly, there might be pain which could progress over time. In recent years, a flurry of lawsuits have been filed against a company called Medtronic. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. Spinal Fusion Lawsuit - The Schmidt Firm, PLLC | A National Law Firm They allege that the company incentivised medical professionals to use their product, the Infuse. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. But keep in mind this is not like looking at the average price of West Texas crude oil. If so, dont hesitate to contact our office. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). 1999-2023 Veritas Health, LLC. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. Or a reasonable doctor would have given the information. 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? 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. Doctors should clearly communicate the risks involved. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. 2019 Ted Fund Donors Unfortunately, some spinal fusion surgeries fail. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. The woman could no longer work. 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. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, injury to blood vessels or nerves in and around the spine, pain at the site from which a bone graft is taken, and. This includes failed spinal fusions, which often lead to lawsuits. 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. For example, just because your surgeon damages one of your nerves does not necessarily mean malpractice has occurred. Is Minimally Invasive Spine Surgery Right for You? In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. Call us at 800-553-8082 or submit a request for a free consultation. to verify that an attorney is licensed in Florida. The police officer denied liability. Negotiating lawyers fees - how do accident lawyers charge? According to the Mayo Clinic, common risks of spinal fusion include: infection poor wound healing bleeding blood clots injury to blood vessels or nerves in and around the spine The man could no longer work as a painter. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. Failed SI Joint Fusion - Colorado Spine Surgeon This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Failed Laminectomy & Fusion Surgery Lawyer - Texas Lawyers Spinal injury settlements can help you recover lost income, medical expenses and more. Second, talk to an attorney. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. 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. Our Maryland personal injury lawyers see a lot of back injuries and we have seen first-hand how spinal fusion surgery can double or triple the settlement value of these cases. Very often, a form of tuberculosis emerged in a patients vertebrae. Minor back injuries that only require pain medications and physical therapy have a relatively low value. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Any statistician who pulled the methodology of how these numbers are calculated would have grave reservations about relying on any of these estimates as a true average spinal surgery settlement value. The vertebrae make up the weight bearing capabilities of the spine. There can be other causes of failed spinal fusion such as the hardware coming loose or infection and poor wound healing, but pseudarthrosis accounts for almost one-fourth of all revision fusion surgeries. Of course, if part of the spine is immobilized, its going to change the way the spine moves. If the spinal fusion is not successful the patient may feel back or leg pain, for example. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. But there are so many variables that come into play so dont discount your situation without talking to a professional. Pain or a feeling of numbness starting from the low back and spreading down the legs. A 52-year-old man was rear-ended. Unfortunately, Talia didnt make it. 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. There are 7 cervical, 12 thoracic, and 5 lumbar vertebrae in the spine. 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. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. The attorney listings on this site are paid attorney advertising. 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. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. A man was broadsided by a police officer. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. Failed Discectomy, Laminectomy & Spine Fusion Surgery Lawyer 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. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. But the results dont really add anything more than what is seen on the X-rays. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. FBSS stands for Failed Back Surgery Syndrome. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery There isn't a one-size-fits-all method of recovery after a failed first fusion. A piece of fractured bone embedded into the protective covering of her spinal cord. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. Even though you might have chosen the best surgeons, sometimes procedures fail. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. There isnt a one-size-fits-all method of recovery after a failed first fusion. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. 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. Failed Spinal Fusion Surgery | Spine-health 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. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. Risk factors for revision spinal fusion are similar to first-fusion procedures but also include worker's compensation status, active lawsuits, use of narcotics before surgery, and neurologic problems present before surgery. Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. Spinal fusion surgery significantly increases the potential value of any back injury claim. 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. Yes. Does that make these statistics useless? Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. 950 Infuse Bone Graft Lawsuits Settled for $22 Million, 1,000 Patients file Medtronic Infuse Bone Graft Lawsuits, Cardiff Anterior Cervical Plate System Lawsuit, Medtronic Infuse No Better than Bone Graft, Higher Risks, Medtronic Infuse Bone Graft Lawsuit Filed in Virginia, Lawdragon Top 500 Leading Lawyers in America. Nerve damage that is either temporary or permanent. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. Ted's Bio; Fact Sheet; Hoja Informativa Del Ted Fund; Ted Fund Board 2021-22; 2021 Ted Fund Donors; Ted Fund Donors Over the Years. If you think that you have a case based on the circumstances discussed in this article.
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