Some of the most common injuries, risks, and complications that arise with spinal fusion surgery include: The spine is generally described as being divided into three major sections. The question is whether a reasonably skilled practitioner would have been able to avoid the same mistake. January 21, 2014 The FDA has issued a Safety Warning against the use of bone graft substitutes in children due to increased health risks. Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. Spinal fusion surgery is only an effective treatment option when motion is the source of pain and the location of the pain in the back is known. One of them sustained nerve damage caused by her surgery. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance. On the lower side of things, Indianas average settlement value for back injury is $451,467 and median settlement value is $250,000. 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. The surgery was not further developed during the Dark Ages, a time in which medicine was intertwined with religion and mysticism. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Many lawsuits have been filed against manufacturers of these products, including Medtronic. We can help you get to the root of the issue and figure out if this is normal, or if someones at fault. But the results dont really add anything more than what is seen on the X-rays. If your claim is that your doctor failed to fully warn you of all the risks of a spinal fusion (called "lack of informed consent"), depending on your state you will either need to prove that a reasonable patient would have wanted the missing information or that a reasonable doctor would have included the information. Paralysis Caused by Negligent Spinal Fusion Surgery In 2012, a study found that 10% of spinal fusion surgeries in children used bone-growth proteins. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. This is a tragedy that could have been prevented. The procedure is used to stabilize, straighten or reduce pain in the spine. But every case really is different, and the average settlement has no real bearing on the true settlement value of your claim. The next level of treatment in most back-injury cases is epidural steroid injections. They will gather all the information you need for a successful outcome. 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. There are two reasons for this. When a failed fusion surgery is a result of defective implant devices, lawsuits are generally easier to prove. accelerated wear and tear on remaining vertebrae and possible chronic pain. How many attorneys would tell a potential client that the client could do just as well without an attorney? 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. In 2015, the FDA approved their use for lumbar procedures. At only 23 years old, Talia had an extremely bright future ahead of her. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. There are a lot of different opinions among equally skilled professionals. When reading dynamic radiographs, the radiologist knows that just because there isnt any obvious motion doesnt mean the fusion is complete. This change in body mechanics places stress on the vertebrae above and below the fusion, which can cause further degeneration. The man also made a vicarious liability claim against the truck drivers employer, Landstar Ranger. It generally goes away after a few days or weeks. 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. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case. Spinal Fusion Malpractice Lawsuit Filed Over Use of Medtronic Infuse Even so, there is a major concern about the number of failed spinal fusions requiring revision (a second) surgery. The doctor failed to recognize a complication during the procedure. This can make botched spinal fusion lawsuits harder to win. Once you are past that window of time, you can no longer file. A spinal fusion can result in a lawsuit for a slew of reasons. This can happen because the level above or below a segment that has been successfully fused can break down and become a pain generator. Each vertebrae is made up of several parts. This case settled for $2,300,000. Medical Malpractice: Spinal Fusion Surgery - Zevan Davidson Roman, LLC After the incision is made, bone graft is prepared. Like we covered earlier, it varies from state to state, and a lot. 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. Its important to understand that many states have a statute of limitations with personal injury cases. He subsequently underwent three lumbar procedures. If you or a loved one are suffering from these devastating effects, we want to help. Symptoms Each patient is evaluated on an individual basis. This can make botched spinal fusion lawsuits harder to win. 3 Reasons To Pursue A Failed Spinal Fusion Lawsuit. A spinal fusion is a major surgery. Unfortunately, some spinal fusion surgeries fail. What's the Average Settlement for Spinal Fusion Surgery? Spinal Fusion Patients May Have Received Fake Medical Screws, Lawsuits They will be more likely to discredit any alleged pain & suffering and devalue the claim. Malpractice Claims for Spinal Fusion Complications & Errors Dr. Lewis Sayre, a proponent of clean hospitals and improved sanitation, also made splashes in the world of orthopedics. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. to verify that an attorney is licensed in Florida. The pain is worse than before the fusion and is getting worse. 3690 West Gandy Blvd., Suite 444Tampa, FL 33611 Contactustoday. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. I have had to resign my teaching position and I have no quality of life. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. This fusing process is designed to eliminate chronic pain caused when the bones move and independently. Is Minimally Invasive Spine Surgery Right for You? We support students, families, caregivers and communities with resources, personal stories and a national directory of injury lawyers. A spinal cord contusion. 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. As the spine moves, the metal hardware that is inside might give in and break. 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. There are three things to consider if you think youre a victim. MRIs can be a bit iffy in patients with hardware in place because the implants cause artifacts (unexplained shadows and altered densities). The most important course of action if you think your spinal fusion surgery has failed is to contact your medical professional immediately. She alleged that the at-fault drivers negligent tailgating caused her injuries. You may also have a case if the surgeon failed to inform you of potential risks of the procedure. All rights reserved. Spinal fusion is a treatment for spinal injuries, including acute trauma, herniated discs, bone fractures, and more. Spinal fusion surgeries connect two or more vertebrae in your spinal column to reduce pain, improve stability or fix deformities. We only represent people for injury or death that happened in Florida (or on a cruise). 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. A failed surgery is one in which a surgical error was made; this is a mistake made during surgery that could have been prevented. In some states, the information on this website may be considered a lawyer referral service. Factors influencing the average settlement for spinal fusion lawsuits include: If you think that you have a case based on the circumstances discussed in this article, contact our office by filling out a brief online form. This proved to be a poor choice because childrens bones are still growing. Spinal Fusion Lawsuits and Settlement Guide - Schwaner Injury Law FBSS stands for Failed Back Surgery Syndrome. But keep in mind this is not like looking at the average price of West Texas crude oil. The attorney listings on this site are paid attorney advertising. But there is no average, as the settlement amount I can cite for you. You have a right to hold guilty people liable for your suffering. These include the cervical spine, the thoracic spine, and the lumbar spine. Failed Spinal Fusion Surgery | Spine-health 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. As a spinal fusion patient, you are undoubtedly in close contact with your medical professionals and know whether to rule out routine issues that can arise.
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