One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. 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. Yes. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. Did something seem off about your experience? Pain or a feeling of numbness starting from the low back and spreading down the legs. This proved to be a bad choice because childrens bones are still growing. Therefore, spinal hardware (e.g. Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. But then theres the risk of donor site morbidity (problems) as described. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). They awarded the woman $1,051,800. This includes failed spinal fusions, which often lead to lawsuits. The fusion worked great for the first 5-6 months after which the pain returned. Is Minimally Invasive Spine Surgery Right for You? For instance, the Food and Drug Administration approved Medtronics Infuse Bone Grafts for spinal fusions in 2002. But there are so many variables that come into play so dont discount your situation without talking to a professional. When victims are forced to live with a physical disability, insurance settlements and jury verdicts should reflect that. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. Overview After any spine surgery, a percentage of patients may still experience pain. David delivered more than expected for me in every way and I would recommend him to anyone. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. As the spine moves, the metal hardware that is inside might give in and break. No matter what type of case you have, you may contact us with confidence by filling out the email contact form below or calling us directly by dialing toll free 24 hrs/day (866) 920-0753. Once this is complete, the surgeon will close the incision. 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. You have chronic lower back pain that requires spinal fusion surgery. For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. A man was rear-ended by a truck. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. Transfer lesions are far more common in degenerative osteoarthritis conditions ( e.g. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use. This material is inserted between vertebrae and is meant to fuse them together. Physical injury resulting from spinal surgery medical negligence is often called failed back surgery syndrome, or FBSS. Did you know that the failure rate (when a surgery doesnt work and leads to failed back surgery syndrome) is 20%? She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. Surgery may be able to fix the condition but not eliminate the pain. 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. And heres a more specific example. This can make botched spinal fusion lawsuits harder to win. Each state has a statute of limitations (AKA the time in which to file a legal claim). 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. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. He used plaster casts to improve curvature of the spine. 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. 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. Really top notch attorney, and law firm. 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. 2018. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Like we covered earlier, it varies from state to state, and a lot. 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. Injections can cause excess bone growth and crowd organs. A woman was rear-ended on an exit ramp. Though spinal fusions are complicated procedures, they can still be the most viable option for some patients. accelerated wear and tear on remaining vertebrae and possible chronic pain. The surgery can correct a herniated disc or repair a damaged spine. But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect. If you need to consult with an attorney please consult with an attorney who practices in your area or in the area where the investigation is pending, or arrest was made. This includes failed spinal fusions, which often lead to lawsuits. Second, talk to an attorney. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The vertebrae make up the weight bearing capabilities of the spine. He alleged that the at-fault drivers negligence caused his permanent injuries. 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. Are you a patient who underwent a spinal fusion surgery that failed? 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. While he reported success, detractors were quick to note the numerous revision surgeries his patients required. More treatment equals more damages. For many, this surgery can bring forth a greater quality of life. How much money can you get from a spinal fusion surgery lawsuit or settlement? In Patricias case, the surgery never should have happened. Of course, if part of the spine is immobilized, its going to change the way the spine moves. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. The surgery is conducted to make the spine stable or straight. The rental car companys insurance includes uninsured motorist coverage. Remember that all these statistics are flawed. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. The man alleged that the truck drivers negligence caused his injuries. The man underwent multiple procedures. Court of Appeals, 5th Dist. The third and highest level of treatment in back cases is usually spinal fusion surgery. Your spine has abnormal curvatures because of scoliosis or something like it. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. Theres a lot of debate about what is and what isnt a solid fusion. Even though surgical and bracing techniques have only become more refined, failed fusions are still a distinct possibility. 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. Yes. If it is determined that your spinal fusion surgery has failed, you should talk to an attorney when you can. A common reason for a failed fusion is that the patient's spine does not properly fuse. 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. If you didnt receive reasonable care, its more than acceptable to pursue a lawsuit. Your email address will not be published. This surgery eliminates movement in that area and is a permanent solution. She alleged that the at-fault drivers negligent tailgating caused her injuries. One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. 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. If so, dont hesitate to contact our office. Ultimately, you can dig and find information to help you better estimate the settlement value of your claim. But every situation is different, and thats why its important to speak with an attorney. Doctors should clearly communicate the risks involved. Infuse Bone Grafts are concentrated synthetic proteins with the long name of recombinant human bone morphogenetic proteins, or rhBMP-2. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. The procedure is used to stabilize, straighten or reduce pain in the spine. Recovery from spinal surgery takes months. Back then, they were meant to treat spinal deformities resulting from tuberculosis infections. This is expected to bar future claims of this kind. In 2015, they updated this warning to include the effects of bone grafts (AKA recombinant bone growth proteins and synthetic peptides) on children. 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. We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. There are a lot of different opinions among equally skilled professionals. It just gives a scaffold or place for the patients body to fill in with bone produced during the healing phase. Doctors should clearly communicate the risks involved. 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. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine. Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. She argued that the womans abrupt stop made the collision unavoidable. When a spinal fusion surgery fails as a result of a defective device, patients may be entitled to financial compensation. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. When it comes to failure to recommend an alternative procedure, or whether the spinal fusion should have been recommended at all, know that your malpractice case faces an uphill battle -- there is a fair amount of controversy surrounding spinal procedures and remedies in general with a lot of disagreement among equally reasonable and competent professionals. But, lets say the cause of the unsuccessful surgery is negligence. There isnt a one-size-fits-all method of recovery after a failed first fusion. 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. Call us at 800-553-8082 or submit a request for a free consultation. Biomet spinal fusion stimulator side effects may also include chronic . 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. A spinal fusion is a major surgery. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. But little did she know, that her surgeon. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or "fused" together into a single bone. The bones, called vertebrae, are fused together to form one solid bone. 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 51-year-old passenger was T-boned. Suite 801A They included a revision fusion, a decompression, and a laminectomy. A common reason for a failed fusion is that the patient's spine does not properly fuse. David delivered more than expected for me in every way and I would recommend him to anyone. There are a lot of different opinions among equally skilled professionals. If you need help getting a higher settlement for your spinal fusion injury case, contact us to discuss the specifics of your situation. Its use is still in the experimental phase. 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. 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. The surgery was supposed to relieve pain in her neck, arms, and hands. *. 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. Not enough study has been done to clear up any questions about these modalities. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. In 2015, the FDA approved their use for lumbar procedures. And, spinal fusion surgery is no different. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. That said, the value of a pain and suffering claim involving a back or neck fusion surgery will probably fall somewhere between $250,000 and $400,000. A spinal cord contusion. She was smart, beautiful, and had a special artistic ability. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. Like Patricia, you deserve to know all potential risks prior to surgery. For both the cervical and lumbar spine, human bone morphogenetic protein (rhBMP-2) has been tried with mixed results.