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An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. In general, it takes at least three months to get a solid fusion, and it can take up to a year after the spine surgery. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. Most attorneys would just take their cut and run, but Dave did just that with a referral. The defense admitted liability but disputed the injuries. 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 Copyright 2020 The Schmidt Firm, PLLC. If you or a family member have been the victim of a failed spinal cord surgery including a defective neurostimulation implant, please feel free to submit an inquiry or send an e-mail to Texas failed back surgery lawyer and defective implantable neurostimulation lawyer Jason Coomer. Settlements involving injuries that require spinal fusion surgery can earn victims compensation in the hundreds of thousands or millions of dollars. A man was rear-ended by a truck. 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. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from $250,000 to $400,000. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Surgery is usually necessary when external fixation (braces or physical therapy, for example) are not enough to maintain alignment of the spine. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. Once the patient is under general anaesthesia, the surgeon will make an incision to access the damaged discs and vertebrae. Paralysis Caused by Negligent Spinal Fusion Surgery 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 newer implants made of plastic or porous tantalum are being tried in hopes that fusion rates can be improved with better bone in-growth. There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. A spinal cord contusion. 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 claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. How much money can you get from a spinal fusion surgery lawsuit or settlement? overcome hurdles synonym LIVE I am 13 months post fusion and the diagnosis is a failed fusion as the MRIs have shown "no evidence of bony fusion". It was not until 1839 that Jules Guerin conducted the first fusions for patients with scoliosis. But every situation is different, and thats why its important to speak with an attorney. Schwaner Injury Law - This site is not intended to be legal advice, and is not applicable to all individuals' unique legal situations. A piece of fractured bone embedded into the protective covering of her spinal cord. It is also used in eliminating pain along the spine. Every surgical procedures carries some risk, and of course your doctor cant predict everything. The third and highest level of treatment in back cases is usually spinal fusion surgery. This doesnt mean youll lose the case but it may mean you have a harder fight to battle. Cages have been made of titanium for the most part. Our lawyers have handled scores of cases where we were limited to the insurance policy limits although the claim had a much higher settlement value. The man underwent multiple procedures. Get Veritas Health Newsletters delivered to your inbox. Spinal implants may be temporary or permanent. If this happens, the patient will start to feel more pain. But the results dont really add anything more than what is seen on the X-rays. Thin-cut CT scans help show this problem more clearly than dynamic radiographs. was 56 when she had spinal fusion surgery. A 51-year-old passenger was T-boned. This can make botched spinal fusion lawsuits harder to win. 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. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). 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. 3d 990 (Fla. 4th DCA 2017), USAA for car accident personal injury claims. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. Spinal fusions can be traced back to the 5th century BCE. More treatment equals more damages. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. 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. Surgeons tried many methods, such as lateral pressure on body casts, wrapping wires around the spinal column for stability (some doctors used celluloid bars, steel or silk wiring). One in five people experience failed back surgery syndrome, meaning a spinal fusion did not work. In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. This led to a groundbreaking lawsuit that banned Guerin from practicing medicine. They will be more likely to discredit any alleged pain & suffering and devalue the claim. When I was in private practice, I referred many cases to Dave, and everyone I referred was more than pleased. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Its likely your doctor had you sign a consent formexplaining that you understood the risks. 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. A doctor is negligent during the operation. While medical malpractice is a more difficult lawsuit to prove, many patients have won their settlements. Recommending the procedure when it is ill-advised and/or not informing you of viable alternative procedures. Surgery increases the full value of a personal injury case, car accident in Florida while visiting from another state, Hit by a car or truck while youre on a motorcycle, factors that can affect the value of an injury case, his or her percentage of fault reduces the compensation that is owed, Excellent paying insurance company like Nationwide, Palm Beach County jury awarded a Chipotle customer $1,351,361.54, loss of capacity for the enjoyment of life, State Farm Mutual Automobile Insurance Company v. Harmon, Fla: Dist. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. They allege that the company incentivised medical professionals to use their product, the Infuse. The basis for modern spinal fusions can be traced back to the Greeks in the 5th century BCE! Worse than that is the revelation that Medtronics paid off their own doctors so there would be no disclosure of these potential risks. Your spine is weak because of infection (or tumors). If so, dont hesitate to contact our office. Houston SEO | Hyperlinks Media by Hyperlinks Media. 1999-2023 Veritas Health, LLC. If you didnt receive proper care and attention, you may have grounds to pursue a failed spinal fusion lawsuit. In some states, the information on this website may be considered a lawyer referral service. 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. 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. 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. 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 advantages and disadvantages for each choice. So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. The attorney listings on this site are paid attorney advertising. Are you a patient who underwent a spinal fusion surgery that failed? Those changes interfere in judging whether or not the fusion is completed. 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. The surgery was supposed to relieve pain in her neck, arms, and hands. There is some risk inherent in any surgery, and patients typically sign an informed consent form acknowledging that they are aware of the risks of surgery. Yes. The man alleged that the truck drivers negligence caused his injuries. Spinal injury cases have a very high settlement value. A man was broadsided by a police officer. Between 2004 and 2015, the cost of hospital care for elective lumbar fusion increased 177%, averaging over $50,000 per stay. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. Patients should think very hard about whether they want to proceed, because spinal fusions are permanent. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. Despite the surgery, the womans C5-6 symptoms lingered. Spinal Fusion Surgery, Lumbar Fusion Surgery, Cervical Fusion Surgery, Negligent Lumbar Fusion Surgery, Medical Malpractice Cervical Fusion Surgery, and Failed Spinal Fusion Surgery. A reasonable patient would have wanted the information. Its important to understand that many states have a statute of limitations with personal injury cases. Nerve damage that is either temporary or permanent. He alleged that the police officers negligence caused his injuries. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. An example of this type of fusion failure occurs when there is not enough support to hold the spine, while the spine is fusing. A patient may experience recurrent pain many years after a spine fusion surgery. Sadly, Patricia became paralyzed. Of course, if part of the spine is immobilized, its going to change the way the spine moves. 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. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. Each state has a statute of limitations (AKA the time in which to file a legal claim). Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. Spinal fusion is a surgery that permanently joins bones in the spine (vertebrae). The manufacturer doesnt warn about the possible harm or defects in the implant. Second, talk to an attorney. And it varies widely from state to state as well. 2018. They should tell you about potential spinal fusion complications. A lawyer can preserve your claim. 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. Its important to note that spinal fusionsare considered somewhat controversial within the medical world. clear, understandable information about muscles, bones and joints. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. How many attorneys would tell a potential client that the client could do just as well without an attorney? He injured his neck, lower back, and right leg. Its 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. Doctors should clearly communicate the risks involved. The doctor failed to recognize a complication during the procedure. One of them sustained nerve damage caused by her surgery. Whenever a plaintiffs injuries require surgery, their tort case is going to have a higher potential settlement value. Dynamic means the X-rays are taken as the patient is moving. But there are so many variables that come into play so dont discount your situation without talking to a professional. The womens symptoms failed to resolve. In case youre unfamiliar, a spinal fusion is a surgical procedure that connects two or more vertebrae in the spine. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. The most widespread are: It depends on a number of things. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. Court of Appeals, 5th Dist. These failed fusions can be caused by hardware failures. So, whos at risk for pseudarthrosis? What can the surgeon do for this problem? David delivered more than expected for me in every way and I would recommend him to anyone. She underwent a two-level cervical fusion and discectomy. 950 Infuse Bone Graft Lawsuits Settled for $22 Million, 1,000 Patients file Medtronic Infuse Bone Graft Lawsuits, Cardiff Anterior Cervical Plate System Lawsuit, Medtronic Infuse No Better than Bone Graft, Higher Risks, Medtronic Infuse Bone Graft Lawsuit Filed in Virginia, Lawdragon Top 500 Leading Lawyers in America. He used plaster casts to improve curvature of the spine. 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. Surgeons may also attach metal plates and/or rods to the vertebrae using bone screws, wire, and hooks. But keep in mind this is not like looking at the average price of West Texas crude oil. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. This is a tragedy that could have been prevented. 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. After the fusion, the mechanical work load may have increased. 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. One of the most popular products, Medtronic Infuse, contains recombinant proteins that stimulate bone-growth. To help us understand why this happens, the authors present the many possible risk factors, and then walk us through the diagnosis and follow-up treatment. 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. Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. This surgery eliminates movement in that area and is a permanent solution. There has been some question about the use of ultrasound and bone scans to help diagnose pseudarthrosis. This includes failed spinal fusions, which often lead to lawsuits. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. Not only is David knowledgeable and a gifted attorney, hes a very sympathetic individual who takes the time to get to know you and your situation. 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. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment. This includes failed spinal fusions, which often lead to lawsuits. The vertebrae make up the weight bearing capabilities of the spine. Compared to other procedures, however, spinal fusion surgery does not involve a significant amount of post-surgical pain or difficult recovery. Some of the decision depends on how the first fusion was done and the location (neck or low back). Read more about Enjuris. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. Spinal Fusion Surgery uses a bone graft to stop motion and impingement in the spine, thus reducing the patient's pain. Any and all correspondence, including email, between the viewer/reader and the attorneys at Schwaner Injury Law is confidential and protected by the laws applicable to attorney-client privileges, however it does not create any binding legal representation unless specifically contracted to for representation through a written contract for representation. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. And heres a more specific example. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. David delivered more than expected for me in every way and I would recommend him to anyone. When the fusion is for back pain and/or spinal instability, there is a correlation (although weak) between obtaining a solid fusion and having a better result of the spine surgery.