A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. JZ helps (a Florida injury law firm). Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. It was not until the spring of 2013 that his physicians diagnosed him with uncontrolled bone growth where Infuse had been used, after examining medical imaging of the . I have had to resign my teaching position and I have no quality of life. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). 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 state has a statute of limitations (AKA the time in which to file a legal claim). A jury awarded the man $4,375,018. The man could no longer work as a painter. The attorney listings on this site are paid attorney advertising. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. Cervical Spine Surgery Lawyer & Implant Neurostimulator Lawyer 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. You have a broken vertebra from a severe injury that needs repair. 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. There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. 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? Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Spinal injury settlements can help you recover lost income, medical expenses and more. This is a tragedy that could have been prevented. This can make botched spinal fusion lawsuits harder to win. Spinal Fusion Lawsuit | Medical Malpractice Lawyer Past Florida jury verdicts generally put the full value pain and suffering value of a single level fusion surgery at $250,000 to $400,000. Allograft (donor bone from a bank) is dead and doesnt produce new bone. 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. Malpractice Claims for Spinal Fusion Complications & Errors 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. 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. 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. The police officer denied liability. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. Spinal Fusion Lawsuit. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. For a case like this, you will need a lawyer versed in personal injury, medical malpractice and possibly products liability. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). The defense admitted liability but disputed the injuries. Future lost income reduced to present value, Loss of capacity for the enjoyment of life, condition occurred with regularity and was therefore foreseeable, length of time that Target should have known it was there, metal rack that was holding the rug and the rug itself allegedly came loose and fell on the shoppers, things that can affect how much your injury case is worth, customer has 4 years to sue Home Depot if injured inside the store, shoulder surgery on a client of mine whose case I settled for $210,000, emotional well-being had been affected by theaccident, quality of her relationship with her husband had beenaffected by her accident related injuries, settled several injury cases with Travelers, injured persons age often affects the value of a case, uninsured/underinsured (UM/UIM) motorist coverage, National Car Rental also offers $100,000 in UM coverage, Avis website says that Additional Liability Insurance does, find out for FREEif we can represent you, Florida Motor Vehicle No-Fault Law, Personal Injury Protection (PIP), settled cases throughout the entire state of Florida. She then underwent a two-level cervical fusion. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. 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. Learn How Bone Growth Therapy Can Help You, Get a Comprehensive Evaluation from Mayo Clinic's Spine Care Experts. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. Theres a lot of debate about what is and what isnt a solid fusion. And it varies widely from state to state as well. When it comes to failed spinal fusion surgery, you need a personal injury attorney. 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. Can I Sue for Failed Spinal Fusion Surgery? Poor surgical technique. There are now also synthetic materials to encourage bone growth. In 2015, the FDA approved their use for lumbar procedures. These failed fusions can be caused by hardware failures. Ready to inquire about a spinal fusion lawsuit? Read more about Enjuris. They included a revision fusion, a decompression, and a laminectomy. I would not say that. People sue over failed spinal fusions for a number of legal reasons. This degeneration is most likely to happen after a two-level fusion (e.g. The pain is worse than before the fusion and is getting worse. Of course, if part of the spine is immobilized, its going to change the way the spine moves. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. 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. Its use is still in the experimental phase. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. These harmful chemicals may cause a toxicity that occurs in tissues and organs called cytotoxicity. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. A spinal fusion is meant to emulate that natural process. 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. 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. Negligently performing the procedure and/or failing to recognize a complication. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. Unfortunately, she was injured during the surgery. When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? 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. At only 23 years old, Talia had an extremely bright future ahead of her. Second, talk to an attorney. A patient may experience recurrent pain many years after a spine fusion surgery. For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. This includes failed spinal fusions, which often lead to lawsuits. Copyright 2020 The Schmidt Firm, PLLC. 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. The at-fault driver denied liability. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. Unfortunately, she was injured during the surgery. The renter purchased coverage when he or she rented the car. If there are no symptoms, then it might warrant a wait-and-see approach. Or tingling sensation, weakness, or numbness. How does the physician diagnose pseudarthrosis? 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. It depends on a number of things. He used plaster casts to improve curvature of the spine. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. Negotiating lawyers fees - how do accident lawyers charge? This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Each section is made of individual bones called vertebrae. 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. He injured his neck, lower back, and right leg. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. A life taken away, and family and friends left to pick up the pieces. If you have not met with an attorney, consider looking through the Enjuris directory for someone in your state who can help. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. As time passes and the patients back begins to heal, he/she may start being more active. The fusion worked great for the first 5-6 months after which the pain returned. After a spinal fusion surgery there might also be nerve damage in the lower back. The FDA issued a public health warning in 2008 regarding Medtronics Infuse Bone Grafts for use in cervical fusions, as the injection caused swelling of neck and throat tissue; compression of the airway and neurological structures in the neck; and difficulty swallowing and breathing. They will be more likely to discredit any alleged pain & suffering and devalue the claim. This case is different from the others because it is a medical malpractice claim. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. 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. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. Failing to fully inform you of all the risks before performing the procedure.