The rental car companys insurance includes uninsured motorist coverage. 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. In recent years, companies have developed bio-engineered bone growth proteins that may also be used to help encourage fusion. There are advantages and disadvantages for each choice. Like Patricia, you deserve to know all potential risks prior to surgery. 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 case settled for $700,000. 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. He alleged that the police officers negligence caused his injuries. There will likely be redness, tenderness, increased pain (at least for the first few weeks), muscle tightness, discharge from the incision site, shaking, fevers and chills. The most popular reasons for this type of lawsuit are the following: Conduct on the part of the surgeon or hospital would fall under two areas of law called negligence and medical malpractice. 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. I can speak for personal injury cases in Florida. 4,000 claims have already been settled and the rest are predicted to be settled. 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. But little did she know, that her surgeon. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. The defense disputed the womans injury claims. This surgery eliminates movement in that area and is a permanent solution. 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. The manufacturer doesnt warn about the possible harm or defects in the implant. It takes bravery to try and change your life, especially when that bravery involves a major surgery such as a spinal fusion. If youre experiencing any of the above, you may consider a failed spinal surgery lawsuit. This material is inserted between vertebrae and is meant to fuse them together. Three of the most common reasons include: The doctor failed to recognize or handle a complication that arose during the spinal fusion procedure; The surgery was not indicated; and Less invasive options were never presented and/or attempted. This could be from a car accident, a slip and fall accident, or a construction accident. In some states, the information on this website may be considered a lawyer referral service. In Patricias case, the surgery never should have happened. During spinal fusion surgery, intervertebral discs made of cartilage are removed and metal devices are implanted to stabilize the spine. It can occur without symptoms so the patient doesnt even know he or she has it. Enjuris is a platform dedicated to helping people who are dealing with life-altering accidents and injuries. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. The woman underwent chiropractic care, massage therapy, and spinal injections. 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. In some cases, failed spinal fusion surgery is a result of defective medical devices that doctors use.,, Spinal Fusion Lawsuits and Settlement Guide. 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. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. Surgery may be able to fix the condition but not eliminate the pain. There isnt a one-size-fits-all method of recovery after a failed first fusion. 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 fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. This article discusses the common risks of spinal fusion and the general nature of spinal fusion malpractice lawsuits, and offers a few sample verdicts. Your spine has abnormal curvatures because of scoliosis or something like it. He was always keeping me updated on everything every step through the process and was always available for me if I had a question. How does the physician diagnose pseudarthrosis? However, if you live in Florida and the incident happened in another state, we may be able to represent you. was 56 when she had spinal fusion surgery. 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. You have back pain caused by degenerative disc disease. Two women underwent spinal fusions performed by the same surgeon. Hampton & King. But here are some of the most common: To decide if you have a possible spinal fusion lawsuit, one significant question must be answered. We also provide personal injury services in dupage county, cook county, kane county, will county and lake county. But, lets say the cause of the unsuccessful surgery is negligence. The understand the law and the process and requirements involved with medical malpractice, personal injury, and product liability. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or fused together into a single bone. But there are so many variables that come into play so dont discount your situation without talking to a professional. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. A lawyer can preserve your claim. 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. They tend to have a good chance of being over $1,000,000. A piece of fractured bone embedded into the protective covering of her spinal cord. For many, this surgery can bring forth a greater quality of life. In addition to the primary reasons for failed back surgery syndrome (FBSS) discussed on the prior page, there are several reasons why a spinal fusion might fail to alleviate a patients back pain after surgery, including fusion and implant failures, and transfer lesions. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. The procedure is used to stabilize, straighten or reduce pain in the spine. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. He is a Texas defective product lawyer & medical negligence . Spinal fusions in particular can fail for any of the following reasons: Issues with the bone graft. She alleged that the at-fault drivers negligent tailgating caused her injuries. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. Doctors were criticized for not first trying physical therapy, anti-inflammatory drugs, or acupuncture. However, there have been a number of successful medical malpractice cases stemming from spinal fusions that should not have been recommended in the first place. A life taken away, and family and friends left to pick up the pieces. Chicago, IL 60602. Thin-slice CT scans have been used to assess the fusion site. 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. They allege that the company incentivised medical professionals to use their product, the Infuse. Spinal fusion is a surgical technique that is commonly used to treat back injuries resulting in chronic pain. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. The jury awarded a payout of $12,790,000. Nevertheless, some people may feel pain in their leg after a lumbar decompression operation. These concentrated synthetic proteins were used for spinal fusion surgery. After a spinal fusion surgery there might also be nerve damage in the lower back. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. You have a condition like Talias which needs stabilizing to help reduce pain and symptoms. For this reason, most surgeons will not consider further spine surgery if the healing time has been less than one year. 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. Symptoms He argued that the man excessively sped and failed to observe his vehicle. This is called failed fusion or failed back syndrome. Those patients might not be able to do their day-to-day tasks. Prior to this approval, titanium cages were implanted to reinforce the spinal column and Medtronics Infuse Bone Grafts were approved with the requirement that certain polyetheretherketone cages be used to reinforce the spinal column during the fusion. An inspirational, peaceful, listening experience. Most attorneys would just take their cut and run, but Dave did just that with a referral. There are so many pain fusion surgery cases from workers compensation lawsuits, especially L5-S1 fusion surgery. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. When medication, lifestyle changes, physical therapy and other interventions do not work, pain management physicians will likely raise the possibility of surgery. Studies show that fusion is almost always possible but symptoms dont always change as a result. The SIJ syndrome might have been misdiagnosed before the fusion. These cases are generally due to injury or disease. For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. Read more about Enjuris. They were told that these procedures were necessary. To help reduce the symptoms ofEhlers-Danlos Syndrome, she sought the help of a surgeon. Free personal injury guides for download to print or save. failed spinal fusion lawsuit failed spinal fusion lawsuit failed spinal fusion lawsuit . This doesnt mean youll lose the case but it may mean you have a harder fight to battle. The pain is usually caused by the nerve roots that need to heal. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. Spinal fusion surgery significantly increases the potential value of any back injury claim. 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 First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. All Rights Reserved. The woman underwent a cervical discectomy and fusion. There are a lot of different opinions among equally skilled professionals. In this case, you can take legal action and hold the hospital, doctor or surgeon accountable. The information on this website is not represented to be or guaranteed to be correct, complete, or up to date. In most cases, the settlement for suffering and pain from a two level neck or back fusion surgery is from. 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. Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. These injuries may involve recurrent disk herniation, spinal cord injury, persistent numbness, chronic pain, scar tissue, or paralysis. He alleged that the at-fault drivers negligence caused his permanent injuries. This proved to be a bad choice because childrens bones are still growing. Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. For both the cervical and lumbar spine, human bone morphogenetic protein (rhBMP-2) has been tried with mixed results. Yes. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. A doctor is negligent during the operation. They will know whether your symptoms are normal, whether they are permanent or temporary, and whether or not they require additional help.
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