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They should tell you about potential spinal fusion complications. Implant Failure in Spine Surgery An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. This is expected to bar future claims of this kind. There are a lot of different opinions among equally skilled professionals. 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. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. An inspirational, peaceful, listening experience. And to add insult to injury, it wasnt properly diagnosed in time to correct what had happened. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. The most widespread are: It depends on a number of things. Spinal injury settlements can help you recover lost income, medical expenses and more. The police officer denied liability. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. Is Minimally Invasive Spine Surgery Right for You? The one exception to this is in the case of locked pseudoarthrosis. If the answer is no, then you may have a case. They will gather all the information you need for a successful outcome. Therefore, spinal hardware (e.g. Malpractice Claims for Spinal Fusion Complications & Errors The risk increases when more than one vertebrae level is fused. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. 4,000 claims have already been settled and the rest are predicted to be settled. You have a right to hold guilty people liable for your suffering. I understand that submitting this form does not create an attorney-client relationship. Sadly, Patricia became paralyzed. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. failed spinal fusion lawsuit Dynamic means the X-rays are taken as the patient is moving. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. This degeneration is most likely to happen after a two-level fusion (e.g. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Surgeon preferences and experience can also make a difference in choosing type of revision surgery performed. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. The defense admitted liability but disputed the injuries. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. It's connected to patients who feel pain after having spinal surgery that remains the same or is new and is located in their back or leg. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. A jury awarded $1,135,346. 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. Only in cases where there has been breakage of the hardware and there is obvious failure of the spinal construct would back surgery Two women underwent spinal fusions performed by the same surgeon. Metal failure (also called hardware failure, implant failure), especially early in the postoperative course after back surgery, is an indicator of continued gross spinal instability. Minor back injuries that only require pain medications and physical therapy have a relatively low value. Below is a partial list of the awards and recognition that the attorneys / lawyers at our law firm have been awarded with, as well as a list of professional memberships. Copyright 2020 The Schmidt Firm, PLLC. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. If a solid fusion is not obtained through the spine surgery, but the hardware is intact and there is still good stability to the spine, the patient may still achieve effective back pain relief with the spine surgery. The up side is that there are no problems at the donor site with pain, infection, or poor wound healing. Pain or a feeling of numbness starting from the low back and spreading down the legs. Each section is made of individual bones called vertebrae. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. These include the cervical spine, the thoracic spine, and the lumbar spine. 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. 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. A jury awarded the man $4,375,018. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. There are a lot of different opinions among equally skilled professionals. The third and highest level of treatment in back cases is usually spinal fusion surgery. SIJ pain might be caused by one of the following: After such surgery certain parts of the spine become immobilized. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. Some of the decision depends on how the first fusion was done and the location (neck or low back). 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. She suffered a traumatic brain injury, a neck injury, and a disc herniation. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. 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. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. Its important to understand that many states have a statute of limitations with personal injury cases. See more on that below. You have a right to hold guilty people liable for your suffering. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. 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. be considered sooner. After the incision is made, bone graft is prepared. 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. 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. When spinal fusion surgery fails as a result of medical malpractice, your doctor may be responsible. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. 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 He alleged that the at-fault drivers negligence caused his permanent injuries. The bones, called vertebrae, are fused together to form one solid bone. The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. A common reason for a failed fusion is that the patient's spine does not properly fuse. The woman sustained cognitive loss and chronic migraines. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. Click here to read more. Surgical fusion of the spine for degenerative disease is becoming a popular way to treat this problem. Houston SEO | Hyperlinks Media by Hyperlinks Media. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. There isn't a one-size-fits-all method of recovery after a failed first fusion. Call us at 800-553-8082 or submit a request for a free consultation. Up to half of patients who were treated with Infuse bone grafts had serious medical complications. But every situation is different, and thats why its important to speak with an attorney. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. Injuries, risks and complications after failed spinal fusions, Existing litigation for spinal fusion medical devices, FDA actions regarding spinal fusion medical devices, What to do if your spinal fusion is causing issues. What's the Average Settlement for Spinal Fusion Surgery? A life taken away, and family and friends left to pick up the pieces. Californias median settlement value for neck and back injury is some of the highest in the US, with an average of $1,728,491 and median of $1,535,500. This site is for educational purposes only; no information is intended or implied to be a substitute for professional medical advice. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. It is much less likely to happen if only the L5-S1 level is fused, as this segment typically does not have much motion and fusing this level does not change the mechanics in the spine all that much. For many, this surgery can bring forth a greater quality of life. In 2015, the FDA approved their use for lumbar procedures. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. Did something seem off about your experience? Once the diagnosis has been made, what is the treatment for pseudarthrosis? Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. The slightest mistake can damage nerves, which can result in paralysis, the need for assisted breathing, and more. Spinal fusion surgery spawns lawsuits, controversy - Ventura County Star The bottom line is: if the revision surgery is successful, the outcome is better than if the person remained unfused. But anyone who has reduced blood supply or metabolic disorders such as heart disease or diabetes can also experience delayed wound healing or infections that can leave patients with lower fusion rates. 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. In 2002, the Food and Drug Administration approved Medtronics Infuse Bone Grafts. Many lawsuits have been filed against manufacturers of these products, including Medtronic. It generally goes away after a few days or weeks. The vertebrae make up the weight bearing capabilities of the spine. But little did she know, that her surgeon. And just how much motion constitutes a failed fusion remains fuzzy. But the results dont really add anything more than what is seen on the X-rays. This proved to be a bad choice because childrens bones are still growing. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. 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. 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. 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. Symptoms

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