So often, patients blindly put their trust in medical professionals, but doctors make mistakes too. This unfortunate phenomenon is called the ladder effect. 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. The most common lawsuits involved failed devices involved the following legal reasons for liability: The most commonly known failed spinal fusion surgery lawsuit against a manufacturer is the case involving Medtronic. 2019 Ted Fund Donors Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. Its use is still in the experimental phase. She alleged that the at-fault drivers failure to yield to a stop sign caused her injuries. The common reasons for undergoing a spinal fusion range from a broken vertebrae or removal of a herniated disk to correcting the spinal deformities scoliosis and kyphosis. However, if you live in Florida and the incident happened in another state, we may be able to represent you. 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. If the surgery has not been successful you might experience: After the surgery there are some people who still feel pain. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); -10 Best In Client Satisfaction: American Institute of Personal Injury Attorneys, David Delivered More than Expected for Me in Every Way. He makes sure to answer all your questions, return all your calls, and always has your best interest at heart. 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,. 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). And heres a more specific example. Failing to fully inform you of all the risks before performing the procedure. Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. The procedure is used to stabilize, straighten or reduce pain in the spine. If there are no symptoms, then it might warrant a wait-and-see approach. He argued that the man excessively sped and failed to observe his vehicle. 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. Spinal procedures can be conducted on the cervical (upper), thoracic (middle), lumbar (low back), or the sacral (tail). Each patient is evaluated on an individual basis. If you look online, you will see some willing to venture estimates for the average settlement for workers compensation claims involving spinal fusion surgery. A common reason for a failed fusion is that the patient's spine does not properly fuse. 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. JZ helps (a Florida injury law firm). 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. Many lawsuits have been filed against manufacturers of these products, including Medtronic. Click here to read more. A common reason for a failed fusion is that the patient's spine does not properly fuse. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. A spinal fusion surgery is an extremely invasive and intensive surgery type, and usually lasts several hours. 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. This can be done with screws, rods or metal plates, along with cadaver bone or synthetic material. 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. Spinal fusions, most commonly in the cervical or lumbar regions, are serious procedures that require months of rehabilitation. The metal pieces hold the bones together while it heals. It is considered a far easier task to perform these surgeries from an anterior perspective, as there is less muscle through which to cut. ", "I would highly recommend Attorney David Schwaner and Schwaner Injury Law, to anyone. The woman underwent chiropractic care, massage therapy, and spinal injections. Although surgery might not be able to remove the pain, it could be helpful for the condition. When imaging studies do not aid in the diagnosis, the surgeon can rely on a follow-up surgical procedure to confirm any diagnostic suspicions. If this happens, the patient will start to feel more pain. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. They will gather all the information you need for a successful outcome. 2018, admitted that the fault driver wasnegligent, Florida law restricts recovery of future medical expenses, Stewart v. Draleaus,226 So. 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. Unfortunately, she was injured during the surgery. Spinal fusion is a type of surgery that fuses two or more bones in the spine (called vertebrae) into one solid bone. Most of the motion in the spine is at the L4-L5 level, and to a lesser extent at L3-L4. A piece of fractured bone embedded into the protective covering of her spinal cord. But the results dont really add anything more than what is seen on the X-rays. 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. If your doctor failed to inform you of the risks or complications, you will need to prove that a reasonable patient would have wanted to be informed and a reasonable doctor would have offered the information. And research is ongoing in an attempt to find bone graft substitutes. They understand the routine problems that can arise and will be able to determine if an issue exists and how to treat it. The name of this condition is adjacent segment disease. Many lawsuits have been filed against manufacturers of these products, including Medtronic. Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. The three most common causes of failed spinal fusion surgery are medical malpractice, defective implant devices, and natural causes. For example, Indianas median settlement value for back injury is $250,000, while Californias neck and back injury median was $1,535,500. Houston, TX 77057, The information on this website is for general information purposes only. Each state has a statute of limitations (AKA the time in which to file a legal claim). 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. Would a reasonably skilled surgeon in the same position have made the same mistake? Infuse Bone Grafts do not come without potential risks, which include: Unfortunately, this was used on children. It is also used to treat chronic diseases, such as degenerative disc disease, back pain, nerve damage, scoliosis, spinal stenosis, tumors, and more. This degeneration is most likely to happen after a two-level fusion (e.g. It can occur without symptoms so the patient doesnt even know he or she has it. The woman underwent a cervical discectomy and fusion. This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery. What can the surgeon do for this problem? Additional risks and complications of a spinal fusion include (but are not limited to): The main target in spinal fusion litigation is Medtronic. In many cases, achieving spinal stability alone is more important than obtaining a solid fusion from the spine surgery. failed spinal fusion lawsuit. Heres everything you need to know if you think you have a failed spinal fusion lawsuit. The defense admitted liability but disputed the injuries. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. If the parts of the spine which have been operated on do not manage to fuse and heal properly, there might be pain which could progress over time. From the first time I spoke to himI felt at ease with him as he seemed more concerned with my well-being before all. When it comes to diagnostic imaging, there just isnt a good way to tell if the fusion failed. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. 2603 Augusta Suite 1300 Society did not accept surgeries as a practice until the 1900s, so further invasive surgery only began to develop after that. And heres a more specific example. The result? 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. There are a lot of different opinions among equally skilled professionals. Its very, very important. If you think that you have a case based on the circumstances discussed in this article. 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. 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. A real class act with your best interest at heart!, "Dave is a great personal injury attorney. The man underwent cervical and lumbar fusions. accelerated wear and tear on remaining vertebrae and possible chronic pain. He is genuine and really does care about his clients' well-being. And, spinal fusion surgery is no different. 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.
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