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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. The police officer denied liability. This degeneration is most likely to happen after a two-level fusion (e.g. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. To further complicate this, it was revealed that Medtronics paid doctors to withhold the disclosure of the potential risks. Lawsuits suggest that hundreds of individuals may have undergone spinal fusion surgery in recent years where fraudulent or counterfeit parts could have been implanted in their bodies,. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. A patient may experience recurrent pain many years after a spine fusion surgery. A life taken away, and family and friends left to pick up the pieces. She injured her head, neck, and back. It depends on a number of things. This surgery eliminates movement in that area and is a permanent solution. She underwent a two-level cervical fusion and discectomy. Autograft (bone taken from the patient) are still alive and capable of producing more bone cells. 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). Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. Failed Spinal Surgery Lawyer & Failed Back Surgery Lawyer - Texas Lawyers The canals of the spine might start to narrow and the nerves right below and above the immobilized by the fusion sector might be affected. The most common lawsuits involved failed devices involved the following legal reasons for liability: Surgical implant defect was a result of poor design, marketing, or manufacturing When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. Houston, TX 77057, The information on this website is for general information purposes only. 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. 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. David delivered more than expected for me in every way and I would recommend him to anyone. 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. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. Pain or a feeling of numbness starting from the low back and spreading down the legs. Spinal Fusion Lawsuit - The Schmidt Firm, PLLC | A National Law Firm There are many different reasons to take legal action after a failed spinal fusion. The name of this condition is adjacent segment disease. She then underwent a two-level cervical fusion. Click here to read more. However, many patients do not notice any improvement in their pain, and they had been told this was a surgery of last resort. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. Very often, a form of tuberculosis emerged in a patients vertebrae. Paralysis Caused by Negligent Spinal Fusion Surgery Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. Metal plates or rods are attached to the vertebrae using bone screws, wires, and hooks. A common reason for a failed fusion is that the patient's spine does not properly fuse. 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. Locked pseudoarthrosis describes a situation in which the top and bottom of the cage inserted between the two vertebrae has fused solid but the middle (inside the cage) has not filled in with bone and solidified. It can be discovered in the patient who doesnt have any real symptoms when dynamic imaging studies are done. Is Minimally Invasive Spine Surgery Right for You? 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. The woman sustained cognitive loss and chronic migraines. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. Cages have been made of titanium for the most part. 2018. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. 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. The man underwent multiple procedures. So, whos at risk for pseudarthrosis? Sadly, Patricia became paralyzed. I understand that submitting this form does not create an attorney-client relationship. A common reason for a failed fusion is that the patient's spine does not properly fuse. Spinal injury settlements generally have a good chance of being over $1,000,000 (see below). Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. These cases are generally due to injury or disease. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. She was smart, beautiful, and had a special artistic ability. Conditions that might require a surgical fusion are: If a vertebrae is broken, the fracture calcifies while that person heals. It can occur without symptoms so the patient doesnt even know he or she has it. Free personal injury guides for download to print or save. But newer implants made of plastic or porous tantalum are being tried in hopes that fusion rates can be improved with better bone in-growth. Smokers and patients who do not follow the guidelines for movement restriction during the post-operative period are at the greatest risk of failed fusion. The man underwent a lumbar fusion and a cervical discectomy. Cardiff ACP System complications can include: The Schmidt Firm, PLLC has been recognized as one of the nations leading plaintiffs' law firms and handles cases in all 50 states. 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. 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. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. Failed Laminectomy & Fusion Surgery Lawyer - Texas Lawyers After the fusion, the mechanical work load may have increased. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Are you experiencing any of these symptoms? What to do after a Failed Spinal Fusion Surgery? | Dr. Sinicropoi When the shiny newness of the surgery faded, patients began reporting poor recoveries. 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. When external measures like braces and therapy are not enough, surgery is usually required. 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. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. These failed fusions can be caused by hardware failures. 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. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. 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. And it varies widely from state to state as well. Your spine has abnormal curvatures because of scoliosis or something like it. You can find more information on that below. Constant pain which does not occur during the healing process. Over 10,000 lawsuits were filed against Medtronic. If Level 1 (meds & physical therapy) and Level 2 (steroid injections) are not effective at eliminating chronic back injury pain, the third and final level of treatment is usually spinal fusion surgery. 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. 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. Obtain Long Term Pain Relief. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. A jury awarded $1,135,346. 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. A spinal fusion is a major surgery. Patients also claim that Medtronics used deceptive marketing to tout the wonders of their product and that its use actually has a very narrow application. accelerated wear and tear on remaining vertebrae and possible chronic pain. Spinal fusion is a surgery that permanently joins bones in the spine. And heres a more specific example. There are a lot of different opinions among equally skilled professionals. Spinal Fusion Patients Sue Bone Graft Makers over Permanent Damage There isnt a one-size-fits-all method of recovery after a failed first fusion. Surgery may be able to fix the condition but not eliminate the pain. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. Keep reading to learn more! He subsequently underwent three lumbar procedures. The information is produced and reviewed by over 200 medical professionals with the goal of providing trusted, uniquely informative information for people with painful health conditions. Failed Spinal Fusion Surgery | Spine-health Registered. Your spine is weak because of infection (or tumors). Studies show that fusion is almost always possible but symptoms dont always change as a result. 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. The range of injuries that can arise after a failed spinal fusion is quite large, because not only do these procedures operate directly on the spine, but the area in question is close to the spinal cord. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. You have a right to hold guilty people liable for your suffering. Allograft (donor bone from a bank) is dead and doesnt produce new bone. 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. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. And research is ongoing in an attempt to find bone graft substitutes. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. The procedure is used to stabilize, straighten or reduce pain in the spine. be considered sooner. The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. The SIJ syndrome might have been misdiagnosed before the fusion. Not enough study has been done to clear up any questions about these modalities. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. Every surgical procedures carries some risk, and of course your doctor cant predict everything. He used plaster casts to improve curvature of the spine. 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. The most widespread are: It depends on a number of things. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Therefore, spinal hardware (e.g. Spinal Fusion Surgeries Lead to Malpractice Claims - Miller & Wagner The doctor failed to recognize a complication during the procedure. The man alleged that the truck drivers negligence caused his injuries. Some experts think theres a difference in springiness between a fusion with and without hardware to hold it together during the healing phase. Each state has a statute of limitations (AKA the time in which to file a legal claim). And, spinal fusion surgery is no different. I can speak for personal injury cases in Florida. failed spinal fusion lawsuit failed spinal fusion lawsuit Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? He is a Texas defective product lawyer & medical negligence . A piece of fractured bone embedded into the protective covering of her spinal cord. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. They should tell you about potential spinal fusion complications. Pseudarthrosis means false joint and refers to movement that occurs at the fused site. More treatment equals more damages. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. Spinal Fusion Lawsuit. The vertebrae make up the weight bearing capabilities of the spine. If you've had some complications after a spinal fusion procedure, you may be wondering if your injuries are the result of medical malpractice. But if something about your care seems questionable, seek the help of an experienced legal professional. 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. DePuy ASR Hip Replacement Surgery Lawsuit and Settlement Guide, Most Common Spinal Fusion Complications, Risks, and Injuries, The Anatomy of the Spine and How It Is Affected by Spinal Fusion Surgery Failure, Common Causes of Failed Spinal Fusion Surgery. There are many opportunities for these situations to arise, as low back pain is the leading cause of disability globally, and up to 80% of the population will experience back pain sometime in their life. Failed Back and Failed Fusion Syndrome | Cedars-Sinai This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. There are so many factors including the severity of the injury, the cost of medical treatment, the length of disability, the state laws governing workers compensation, and the insurers policies that average settlement statistics really are useless to you. Spinal implants may be temporary or permanent. 4,000 claims have already been settled and the rest are predicted to be settled. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. 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. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. Nevertheless, some people may feel pain in their leg after a lumbar decompression operation. What can the surgeon do for this problem? The surgery can correct a herniated disc or repair a damaged spine. Spinal fusions can be traced back to the 5th century BCE. Unfortunately, she was injured during the surgery. In Patricias case, the surgery never should have happened. If so, dont hesitate to contact our office. to verify that an attorney is licensed in Florida. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. Negligently performing the procedure and/or failing to recognize a complication. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. He is genuine and really does care about his clients' well-being. There are advantages and disadvantages for each choice. 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 spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. The at-fault driver denied liability. This site is for educational purposes only; no information is intended or implied to be a substitute for professional medical advice. Or ache which starts from a certain area and moves to another. This is expected to bar future claims of this kind. Copyright 2020 The Schmidt Firm, PLLC. A 44-year-old woman was involved in a chain-reaction collision. 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. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure.