This material is inserted between vertebrae and is meant to fuse them together. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. The pain is usually caused by the nerve roots that need to heal. It is also used in eliminating pain along the spine. 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. Doctors should clearly communicate the risks involved. 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. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. But, lets say the cause of the unsuccessful surgery is negligence. Spinal fusion surgery spawns lawsuits, controversy - Ventura County Star The surgical implant has defects thanks to a flaw in design or manufacturing, The manufacturer was or should have been aware of those defects. 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. The common reasons for undergoing a spinal fusion range from a broken vertebrae or removal of a herniated disk to correcting the spinal deformities scoliosis and kyphosis. 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. was 56 when she had spinal fusion surgery. a fusion for L4-L5 and L5-S1 levels) and in a young patient (in the 30-50 year old age range). He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. There are a lot of different opinions among equally skilled professionals. They should tell you about potential spinal fusion complications. It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. 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 for the patient with painful symptoms, if no graft was used in the first procedure, the surgeon may choose to take bone from a donor bank or from the patient and place it around the fusion site. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. Negotiating lawyers fees - how do accident lawyers charge? be considered sooner. 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. 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. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. Are you experiencing any of these symptoms? Theres a lot of debate about what is and what isnt a solid fusion. 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. The FDA reports that the Biomet spinal fusion stimulator has "higher than allowed levels of potential harmful chemicals, which may be toxic to tissues and organs.". Lumbar Decompression Back Surgery Considerations, Learn how bone growth stimulation therapy can help your healing process. All rights reserved. But of course it depends on the details of your case. Spinal fusion is a surgery that permanently joins bones in the spine. In the past, doctors also implanted bone grafts that were harvested from cadavers or the patients hip bone. When external measures like braces and therapy are not enough, surgery is usually required. Maryland Medical Malpractice Attorney Blog, Spinal Fusion Back Injury Settlement Amounts. A settlement for $1,250,000 was reached before trial. Each vertebrae is made up of several parts. The renter purchased coverage when he or she rented the car. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. She argued that the womans abrupt stop made the collision unavoidable. These failed fusions can be caused by hardware failures. Is Minimally Invasive Spine Surgery Right for You? In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. When the shiny newness of the surgery faded, patients began reporting poor recoveries. Complications with the spine hardware. 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. The procedure is used to stabilize, straighten or reduce pain in the spine. Its very, very important. The larger a patient is and the more segments that are fused, the higher the likelihood of implant failure. The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. Constant pain which does not occur during the healing process. Nothing on this site should be taken as legal advice for any individual case or situation. Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. Finally, how well does it work to try a different approach when treating failed fusions? cutting kaizen foam for sockets / how to reactivate silica gel in microwave / how to reactivate silica gel in microwave Each patient is evaluated on an individual basis. Many lawsuits have been filed against manufacturers of these products, including Medtronic. You have a right to hold guilty people liable for your suffering. Thats a benefit as the body fills in the fusion site faster. Therefore, spinal hardware (e.g. The fusion worked great for the first 5-6 months after which the pain returned. Aching at a new location, different from the surgery site. Average Settlement for Spinal Fusion | Compensation Payouts Patricia was 56 when she had spinal fusion surgery. Risk factors, psychologic issues, and type of graft enter into the mix and affect the outcomes. Symptoms Patients at Risk for Biomet Spinal Fusion Stimulator Side Effects This could be from a car accident, a slip and fall accident, or a construction accident. After the incision is made, bone graft is prepared. 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. Spinal implants may be temporary or permanent. Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. 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. FBSS stands for Failed Back Surgery Syndrome. How does the physician diagnose pseudarthrosis? Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. Next Page: Every surgical procedures carries some risk, and of course your doctor cant predict everything. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. They will be more likely to discredit any alleged pain & suffering and devalue the claim. The common reasons for undergoing a spinal fusion range from a broken vertebrae or removal of a herniated disk to correcting the spinal deformities scoliosis and kyphosis. Chicago, IL 60602. The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. Or a reasonable doctor would have given the information. When Spinal Fusion Fails: What's Next? - eOrthopod.com If the spinal fusion is not successful the patient may feel back or leg pain, for example. One of them sustained nerve damage caused by her surgery. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. In 2015 it was approved by the FDA for use in lumbar procedures that also require the use of a cage to reinforce the spinal column while the vertebrae fuse. 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 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. A real class act with your best interest at heart! How many attorneys would tell a potential client that the client could do just as well without an attorney? One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. Once these are removed, they are replaced with metal devices that stabilize the spine. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. failed spinal fusion lawsuit failed spinal fusion lawsuit It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. Dynamic means the X-rays are taken as the patient is moving. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. The man could no longer work as a painter. 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. Call us at 800-553-8082 or submit a request for a free consultation. Thats the down side. In 2015, the FDA approved their use for lumbar procedures. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. The patient was not a good candidate for the surgery in the first place. Spinal Fusion Lawsuit - The Schmidt Firm, PLLC | A National Law Firm If this happens, the patient will start to feel more pain. Not enough study has been done to clear up any questions about these modalities. In some states, the information on this website may be considered a lawyer referral service. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. These concentrated synthetic proteins were used for spinal fusion surgery. A woman was rear-ended on an exit ramp. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that.

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