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. 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. 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. As a spinal fusion patient, you are undoubtedly in close contact with your medical professionals and know whether to rule out routine issues that can arise. 2018. But little did she know, that her surgeon. 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. There are now also synthetic materials to encourage bone growth. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. If there are no symptoms, then it might warrant a wait-and-see approach. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. This unfortunate phenomenon is called the ladder effect. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. In fusions, metal rods and screws are used to anchor the spine in place while . But she was also in pain. The man underwent a lumbar fusion and a cervical discectomy. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. If this happens, the patient will start to feel more pain. Since many patients who undergo a failed spinal fusion surgery are entitled to compensation, hiring a personal injury attorney can help get you the outcome you deserve. 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. 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This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. The surgery is conducted to make the spine stable or straight. After the incision is made, bone graft is prepared. If you or a loved one are suffering from these devastating effects, we want to help. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). We only represent people for injury or death that happened in Florida (or on a cruise). He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. Depending on the state you live in, you may need to prove that: If youre pursuing this avenue, a lawyer will want to prove that a reasonable patient would have said no to the procedure. 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. Your spine is weak because of infection (or tumors). When it comes to failed spinal fusion surgery, you need a personal injury attorney. They will be more likely to discredit any alleged pain & suffering and devalue the claim. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. They have an average settlement value of over $1,000,000 in many states, and a median settlement value of over $1,000,000 as well. Next Page: Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. The vertebrae make up the weight bearing capabilities of 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. Injections can cause excess bone growth and crowd organs. 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. We advise to take all statistics with a grain of salt, because numbers vary a lot. 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. And he didnt thoroughly consider her medical history. The women alleged negligence against the surgeon. Are you experiencing any of these symptoms? The third and highest level of treatment in back cases is usually spinal fusion surgery. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. When the shiny newness of the surgery faded, patients began reporting poor recoveries. On postoperative imaging studies it is often very difficult to tell if a patients spine has fused, and it can be even harder to determine if a further fusion surgery is necessary. If you feel your complications and pain after a spinal fusion may warrant a lawsuit, these resources will be helpful: Please fill out the form or call (800) 734-4134 now, SEO Advantage, Inc. SEOLegal Division,Lawyer Marketing A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. But keep in mind this is not like looking at the average price of West Texas crude oil. 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. He argued that the man excessively sped and failed to observe his vehicle. ", 111 N Wabash Avenue It can occur without symptoms so the patient doesnt even know he or she has it. This is taken either from the patients pelvic region or from a cadaver. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. For both the cervical and lumbar spine, human bone morphogenetic protein (rhBMP-2) has been tried with mixed results. Examples of Injury Settlement Amounts After Spinal Fusion Surgery. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). If your accident did NOT happen in Florida or on a cruise, and you don't live in Florida, I likely won't be able to represent you. She suffered a traumatic brain injury, a neck injury, and a disc herniation. If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. I understand that submitting this form does not create an attorney-client relationship. The fusion worked great for the first 5-6 months after which the pain returned. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. 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. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. 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. clear, understandable information about muscles, bones and joints. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. Victims want to know the average settlement for a spinal fusion surgery under workers compensation. But there are so many variables that come into play so dont discount your situation without talking to a professional. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. So, whos at risk for pseudarthrosis? A real class act with your best interest at heart! Its important to note that spinal fusionsare considered somewhat controversial within the medical world. 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. 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. was 56 when she had spinal fusion surgery. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. It is also used in eliminating pain along the spine. They will gather all the information you need for a successful outcome. For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. More treatment equals more damages. Patients undergoing cervical fusions for herniated discs usually also need a simultaneous discectomy procedure, which removes the damaged disc. The man alleged that the truck drivers negligence caused his injuries. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. A 52-year-old man was rear-ended. There is some risk inherent in any surgery, and patients typically sign an informed consent form acknowledging that they are aware of the risks of surgery. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. One of them, as noted by two plaintiffs in a class action lawsuit against Medtronic and its subsidiaries, is heterotopic bone growth or bone growth outside of the skeleton. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. The term back injury is an umbrella term that refers to any and all injuries involving the bones, discs, and nerves in the spinal cord. Her symptoms could have been treated with less complicated methods and it was her doctors responsibility to communicate this to her. If bone graft was used (and failed) in the first surgery, then metal plating or a device called a cage may be used. 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. Cages have been made of titanium for the most part. Get Veritas Health Newsletters delivered to your inbox. The man underwent multiple procedures. If so, dont hesitate to contact our office. The renter purchased coverage when he or she rented the car. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. Two women underwent spinal fusions performed by the same surgeon. They were told that these procedures were necessary. David delivered more than expected for me in every way and I would recommend him to anyone. Simply because you signed the sheet does not mean you will lose your informed consent case, but it does make winning harder. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. She underwent a two-level cervical fusion and discectomy. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. This could be from a car accident, a slip and fall accident, or a construction accident. Spinal injury settlements can help you recover lost income, medical expenses and more. Is Minimally Invasive Spine Surgery Right for You? A spinal fusion can result in a lawsuit for a slew of reasons. Therefore, spinal hardware (e.g. 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. Up to half of patients who received this treatment experienced serious medical complications, which had gone unreported by Medtronic in 13 studies. The rental car companys insurance includes uninsured motorist coverage. Spinal injury cases have a very high settlement value. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. Nowadays, surgery is a lot better than it used to be, say, 20 years ago. A common reason for a failed fusion is that the patient's spine does not properly fuse. There are two reasons for this. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. You have a right to hold guilty people liable for your suffering. Every surgical procedures carries some risk, and of course your doctor cant predict everything. Factors influencing the average settlement for spinal fusion lawsuits include: If you think that you have a case based on the circumstances discussed in this article, contact our office by filling out a brief online form. If your doctor failed to inform you of the risks or complications, you will need to prove that a reasonable patient would have wanted to be informed and a reasonable doctor would have offered the information. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. Obtain Long Term Pain Relief. In 2015, the FDA approved their use for lumbar procedures. Constant pain which does not occur during the healing process. Surgical intervention on scoliosis patients would not occur again until the 20th century. This case is different from the others because it is a medical malpractice claim. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. The doctor failed to recognize a complication during the procedure. FBSS stands for Failed Back Surgery Syndrome. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. Negotiating lawyers fees - how do accident lawyers charge? 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. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. Are there any hidden costs? You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. 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. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. The risk increases when more than one vertebrae level is fused. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. But, lets say the cause of the unsuccessful surgery is negligence. Some of the most common injuries, risks, and complications that arise with spinal fusion surgery include: The spine is generally described as being divided into three major sections. The police officer denied liability. 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. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. How Does a Spinal Fusion Surgery Impact the Value of a Personal Injury Claim? Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. And research is ongoing in an attempt to find bone graft substitutes. Add this to his skills as a trial attorney - I have seen him in front of a jury - and you have the complete package. FBSS stands for Failed Back Surgery Syndrome. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. Aching at a new location, different from the surgery site. You can find more information on that below. Thin-slice CT scans have been used to assess the fusion site. The potential risks of Medtronics Infuse Bone Grafts included: Unfortunately, up to half the patients treated with Medtronics device ended up with serious medical complications. A man was rear-ended by a truck. Finally, how well does it work to try a different approach when treating failed fusions? They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Spinal fusion surgery is used to treat many accident-related back injuries, including: As a general rule, in personal injury cases, all surgery greatly increases the potential settlement value of the plaintiffs injuries. Free personal injury guides for download to print or save. But of course it depends on the details of your case. A woman was rear-ended on an exit ramp. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. Spinal Fusion Lawsuit. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. A spinal fusion is meant to emulate that natural process. A manufacturer is aware of an implant that is ineffective or unsafe but markets it anyways. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. The womens symptoms failed to resolve. Like we covered earlier, it varies from state to state, and a lot. The defense admitted liability but disputed the injuries. Many lawsuits have been filed against manufacturers of these products, including Medtronic. Not enough study has been done to clear up any questions about these modalities. Have you been told you need spinal fusion surgery? Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. 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. Some states only offer one year for personal injury lawsuits, so do this as soon as you know theres a problem. For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. The procedure is used to stabilize, straighten or reduce pain in the spine. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. Each state has a statute of limitations (AKA the time in which to file a legal claim). The one exception to this is in the case of locked pseudoarthrosis. In this review article, orthopedic spine surgeons from George Washington University Medical School bring us up-to-date on the problem of pseudarthrosis after spinal fusion. There are many reasons a doctor may suggest a possible spinal fusion surgery, but here are a few: No matter what injury or condition brings you to the doctor, you deserve quality care. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. David delivered more than expected for me in every way and I would recommend him to anyone. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. But there is no average, as the settlement amount I can cite for you. The most popular reasons for this type of lawsuit are the following: Conduct on the part of the surgeon or hospital would fall under two areas of law called negligence and medical malpractice. Doctors should clearly communicate the risks involved. Working with David was a pleasure. I have had to resign my teaching position and I have no quality of life. How does the physician diagnose pseudarthrosis? Thin-cut CT scans help show this problem more clearly than dynamic radiographs. Houston SEO | Hyperlinks Media by Hyperlinks Media. Around 4 weeks is needed after surgery for most of the pain to go away, but for some people it might take 3 to 6 months. Studies show that fusion is almost always possible but symptoms dont always change as a result. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. Call us at 800-553-8082 or submit a request for a free consultation. Keep reading to learn more! JZ helps (a Florida injury law firm). Each section is made of individual bones called vertebrae. The woman also made a vicarious liability claim against the at-fault drivers employer. 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. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. When a patient undergoes spinal fusion surgery, the surgeon goes in to remove intervertebral discs of cartilage. 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. Unfortunately, she was injured during the surgery. Its use is still in the experimental phase. Minor back injuries that only require pain medications and physical therapy have a relatively low value. It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. Therefore, spinal hardware (e.g. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. Of course, if part of the spine is immobilized, its going to change the way the spine moves. 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. After a spinal fusion surgery there might also be nerve damage in the lower back. 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. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. Second, talk to an attorney. A piece of fractured bone embedded into the protective covering of her spinal cord.