Top Rated Medical Malpractice Attorney in Phoenix, AZ. I am 52 y/o female. After almost a year of no improvement, increasing pain, and not getting any relief with Dr. X, I sought a second opinion with Dr. Y. Dr. Y ordered several tests, including x-rays and determined that the screws used in the fusion were too short and did not connect as they were supposed to and that the bone spur pressing against the . State attorneys general had argued Medtronic worked in secret to manipulate research articles on Infuse. Medtronic provided the following statement with regard to the suit: "Medtronic is aware of the lawsuit that has been filed by Mr. Moody involving his spinal fusion procedure. A Failed Back Surgery Including A Failed Discectomy, Failed Laminectomy, or Failed Spine Fusion Can Cause A Patient To Suffer Significant Pain, Paralysis, and Disability as well as Require The Patient to Have To Endure Additional Corrective Surgery and be the Basis of a Medical Malpractice Lawsuit or Product Liability Lawsuit by Texas Failed Discectomy Lawyer, Failed Laminectomy Lawyer, and . Turn to Dr. Hyun Bae and his team at The Spine Institute Center for Spinal Restoration. A judge has allowed a class action lawsuit against Aetna to move forward. He required a lumbar decompression and a spinal fusion. A spinal fusion occurs after the surgeon creates the conditions for the bones of the spine to unite into an immobile block. Specializing in both fusion and non-fusion spine surgeries, we can help you determine the right path to a pain-free lifestyle. 6 reasons neuro, spine surgeons should be the only specialists to perform spinal fusion; Johnson & Johnson wants $2.4M from surgeons after failed whistleblower suit; Orthopedic surgeon, wife get 5 years in prison for tax crimes; Medtronic unveils new head of spine division; The spine tech surgeons say will explode in the next 5 years Free Consultations (800) 992-6878. . . The first scoliosis surgery in 1865 the year the civil war ended had terrible results and ended in a lawsuit, Guerin vs. Malgaigne. The long-term side effects of spinal fusion involve non-union, hardware failure, Adjacent Segment Disease, and spinal muscle injury. It is also used in eliminating pain along the spine. $7,400,000 Settlement for Worker with Injuries Requiring a Spinal Cord Stimulator Implant. But Failed Back Syndrome can also occur after many other types of back or spinal surgeries as well. Your spinal fusion injury lawsuit could be worth over $500,000 if it were brought on by the gross . 1221 E Osborn Rd, Suite 100 Phoenix, AZ 85014 . Martinez's lawsuit says the process went awry during her May 2018 spinal fusion in Houston, an operation in which an implant is inserted into the spinal column to replace a worn or damaged disc. The company had repossessed some of its screws after one U.S. distributor, Spinal Solutions LLC . Source: Pexels and Colin Lloyd. The plaintiff in this matter formerly worked for Medtronic and filed the initial lawsuit in 2015. Spinal injury settlements can help you recover lost income, medical expenses and more. If you or a loved one has suffered as a result of a failed back or neck surgery, you may be entitled to compensation. Spinal Fusion Leading to Medical Malpractice Lawsuits There can be several reasons for spinal fusion surgery leading to a medical malpractice suit, including: Negligent Medical Professionals Negligent surgeons, anesthetists, or other medical professionals could be responsible for your damages if the surgery failed or caused further injury. I can speak for personal injury cases in Florida. Feel free to email us at: info@wesettle.com and/or call our office at 718-616-1414 to discuss, there is no obligation. The most common instance of a failed spinal fusion surgery is when three or more vertebrae are fused together. Addressing any damage to tissues or nerves that may have been done by the broken or loose piece of hardware. What Is the Average Settlement for Spinal Fusion Surgery Claims? 2000-2021 The StayWell Company, LLC. BalancedBack Total Joint Replacement is an alternative to fusion that keeps your spine moving naturally after surgery. The surgery is conducted to make the spine stable or straight. Nonsteroidal anti-inflammatory medications (NSAIDs) Corticosteroid injections. Total payout based on Petitioner's life expectancy is in excess of $300,000.00. The longer it takes for the vertebra to fuse together . Update this Page. Lumbar fusion means that you take a part of the spine that's painful and bolt it together and add bone so it grows together and doesn't move (2). Selected to Super Lawyers: 2015 - 2022. This includes failed spinal fusions, which often lead to lawsuits. Failed back and neck surgery syndrome may also occur if there were issues in the rehabilitation process that resulted in improper healing. These days we're also seeing doctors using recombinant growth factors like BMP (Bone . You only have 2.5 years from the date of malpractice to bring a lawsuit, so time is of the essence. FBSS stands for Failed Back Surgery Syndrome. An instrumented fusion can fail if there is not enough support to hold the spine while it is fusing. If you or a loved one has been injured due to medical malpractice, contact our firm today! Zimmer Bone Growth/Spinal Fusion Stimulator Revision Surgery. Commonly hardware is added to enhance the stability while the disc spaces and other areas grow bone. The highest amount found in our study was a $1.9 million verdict in favor of a 25 year old man injured in a t-bone car accident who required a disc replacement surgery as a result of his injury. On January 3 2017, I had a lumbar hybrid fusion(L-5-S1 fused and a artificial disc at L4-L5). Carla October 15, 2017 at 2:32 am. 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. One of the most common causes of litigation in the field of orthopaedic surgery involves the failed back surgery syndrome. Many factors can contribute to the onset or development of FBS, including residual or recurrent spinal disc herniation, persistent post-operative pressure on a spinal nerve, altered joint mobility, joint hypermobility with instability, scar tissue (), depression, anxiety . $5,160,000 verdict for a 38-year-old man who required 2 spinal fusion surgeries after a car crash in Queens, New York. What is crucial in spinal fusion cases is the age of the victim. A review of the literature on failed degenerative lumbar spine surgery (Diwan et al, 2003) estimated that 10 % to 15 % of patients who have undergone a spinal decompression procedure and 15 % to 20 % of patients who have had a spinal fusion procedure for degenerative disease of the lumbar spine undergo revision lumbar surgery within 3 to 5 . A spinal fusion stimulator aids this process and enhances the body's healing process. The union of the fusion mass occurs over time. Failed sacroiliac surgery is a major letdown for patients who risk everything to find relief, yet still have pain postoperatively. Court and County. Turn to Dr. Hyun Bae and his team at The Spine Institute Center for Spinal Restoration. pedicle screws) may be used as an internal splint to hold the spine while it fuses after spine surgery. Settlements often depend on the type of surgery performed and the insurance of the defendant. Despite a very vigorous defense that questioned each of his injuries, our firm was able to secure a $7.4 million settlement for the client. Alaska's average neck and back injury settlement amount is $572,418 and the median amount is $270,000. Bicep injury workers' comp settlements. Unfortunately, many people have been seriously injured by defective medical devices that are used in this procedure. National (US) average costs for spinal fusion surgery runs between $14,000 and $26,000 [ 3]. After 22 months of failed non-invasive treatment I seeked a experienced surgeon to perform the operation. However, like any other metal it can fatigue and break (sort of like when one bends a paper clip repeatedly). The man had a CT scan in early 2018 that allegedly showed the broken screw, which he then had replaced in a revision surgery. The subsequent development of segmental instability at an operated level may necessitate the need for a spinal fusion but once again this problem occurs in the absence of any breach in the standard of care. Case: We report 3 patients with classic trigeminal neuropathy (TN) findings, which were due to compressive cervical radiculopathy, and provide a brief anatomic explanation for this association. When investigating these potential failed back surgery lawsuits it is important to know what implant has been used as well as to obtain medical records of the surgery. Breakage of hardware can also be the result of a particularly unstable spine. Call our office today at (310) 828-7757 and schedule a consultation. In 2004, Infuse was approved for treating tibial shaft fractures, and in 2007 the FDA approved the bone-fusion product for oral-maxillofacial procedures for . Failed surgery is statistically rather common when it comes to regional procedures that include lumbar spinal operations, hip operations and sacroiliac joint operations. A new Ford Fusion transmission class-action lawsuit - Gant, et al., v.Ford Motor Company - has been filed in the U.S. District Court for the Eastern District of Michigan pertaining to a number of problems allegedly associated with 2010-2017 models, according to Car Complaints.The lawsuit covers a whole host of allegedly defective components, all pertaining to the 6F35 automatic transmission. Yes, we are handling a similar case in my office for medical malpractice on a spinal fusion that went terribly wrong. Depending on the extent of the damage and nature of the issue, corrective spine surgery may involve: Replacing the broken hardware. And spinal fusion surgery carries some very serious limitations, too. Failed Back Surgery Syndrome treatment: Platelet Rich Plasma Therapy in combination with Prolotherapy. Licensed in Arizona Since: 1997. A False Claims Act lawsuit against Medtronic Inc. and related entities is back. The patient then went to a new doctor who recommended and subsequently performed bilateral foraminotomies of L4 and L5, posterior lumbar interbody fusion at L4-5, a two level posterior lumbar fixation/fusion from L3-L5 utilizing iliac crest bone graft, pedicle fixation, and cages, all to correct the errors made by the first neurosurgeon. Call d'Oliveira & Associates today! Placing slipped hardware back into the correct position. A failed spinal surgery means that the procedure did not correct the medical issue; sometimes, intervention can even make symptoms worse. If the spine does not heal correctly, it can make existing problems worse or create new structural issues in the spine. In 2015, the FDA approved their use for lumbar procedures. Revision Surgery The spine is an incredibly complex structure and even the best surgical procedures are not 100% flawless. The procedure is used to stabilize, straighten or reduce pain in the spine. A spinal fusion personal injury lawsuit average settlement should range from a lump sum payout of $250,000 on the low end to over $5,000,000 on the higher end of the spectrum. More than 200 people are suing after they say their lumbar disc replacement surgery coverage was denied. Thankfully by the late 90's just about all of these lawsuits were dismissed after plaintiff's lawyers failed to produce any evidence that the use of pedicle screws . There are two primary methods that may be used to perform the surgery: The vertebrae are held together by metal implants as a temporary solution until new bone growth occurs; or Attorney Profile. 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. Obviously . John P. Ager. $375,594.00 for a union carpenter with a surgically repaired bicep tendon. Tightening hardware that's loose but not damaged. You can also get a free, no obligation online case review. However, we are happy to report the SI joint . All can require additional surgery. Spinal Fusion Lawsuit Spinal Fusion Lawsuit Spinal fusion is a surgery that permanently joins bones in the spine ("vertebrae"). 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. If pain persists, a discectomy, laminectomy or spinal fusion procedure may be the next step. In each case, left-sided disk herniation between the C5 and C7 levels caused TN and classic (dermatome appropriate) cervical radicular findings, all of which resolved with anterior cervical . To determine the average settlement for spinal fusion surgery, you must consider a variety of factors. The most commonly known failed spinal fusion surgery lawsuit against a manufacturer is the case involving Medtronic. A spinal fusion stimulator is designed to work within 6 months to 1 year, but with the poor manufacturing quality controls, a majority of patients will require a second surgery after the original one. Medical Malpractice Back Surgery Lawsuit, Failed Fusion Surgery Lawsuit, Negligent Cervical Surgery Lawsuit, Failed Laminectomy Lawsuit, Negligent Surgeon Lumbar Surgery Lawsuit, Failed Discectomy Lawsuit, Failed Lumbar Fusion Lawsuit, and Spine Surgery Lawsuit Information by Texas Failed . Supreme Court, Kings County. Call our Maryland malpractice attorneys today to talk to a lawyer about your claim at 800-553-8082. severe back pain began 2013, spinal fusion 4/2013 from L4-S1 with screws rods and fuse bone graft used. Talking to an experienced personal injury lawyer near you is the best way to understand how much your case could be worth, and what you need to do to maximize your settlement. Other spine surgery mistakes, that can result in significant patient damages, include harmful pressure on a spinal nerve, operating on the wrong side of the back, or insertion of a broken or loose pedicle screw. Failed back syndrome is the term for pain that persists even after surgery. In December 2017, Medtronic agreed to pay five states $12 million to resolve a deceptive advertising lawsuit claiming the company misled doctors and the public about its Infuse bone grafts. 12/2013 failed fusion and broken hardware led to more surgery 4/1014 posterior hardware removal and revision and anterior cage fusion. Medtronic's Infuse Bone Grafts are synthetic, concentrated proteins called recombinant human bone morphogenetic proteins (rhBMP-2) and were approved by the U.S. Food and Drug Administration (FDA) in 2002 for use in spinal fusion.. Physical therapy. . Back to Results. Tips and tricks for pain management may be shared. Kim DelMonico Fri, April 30th, 2021. If FBS occurs after a laminectomy, it may also be referred to as "Post-Laminectomy Syndrome". Past Florida jury verdicts generally put the full value pain and suffering value of a single level fusion surgery at $250,000 to $400,000. If you have been harmed or if you have lost someone you love as the result of a surgical mistake by a doctor or hospital, we can help you get justice. In 2019, the entire case was dismissed. This is because a spinal fusion is a serious permanent procedure that is often life-changing and results in chronic pain. A spinal fusion surgery is a surgery that is performed to fuse together two or more vertebrae in the lower back. Failed Back Surgery: What the Numbers Tell Us. The lawyers here at Abrahamson & Uiterwyk have over 30 years of experience helping over 20,000 residents of Florida . After 20 years, nearly 50% of spinal fusion surgeries have failed. Specializing in both fusion and non-fusion spine surgeries, we can help you determine the right path to a pain-free lifestyle. Spinal fusion is a medical procedure where at least two vertebrae are permanently attached to the spine. Medtronic takes patient safety very seriously and will . Platelet Rich Plasma is an injection of your concentrated blood platelets into the area of pain. September 24, 2012 By: Irvin Jackson 46 Comments A Missouri woman has joined a growing number of individuals throughout the country who are pursuing a lawsuit over the Medtronic Infuse Bone Graft. A settlement that won $7,000,000 dollars, for instance, would pull the average up by a lot. Spinal fusion is a major surgery where one or more of the spinal bones are fused together using screws, bolts, and plates. The healing process plays a very important role in every spinal procedure. At Nova Legal Funding, we have provided pre-settlement cash advances to many plaintiffs who receive spinal fusion surgery. This is considered an adverse event related to the bone growth stimulator itself. $5,000,000 verdict in a Brooklyn case for a 45-year-old worker who fell on the job and sustain multiple injuries, including a herniated disc at L4-S1 that required lumbar . When investigating these potential failed back surgery lawsuits, it is important to know what implant had been used as well as to obtain medical records of the surgery. According to spine-health.com, a spinal fusion stimulator is a small medical device that is placed underneath the patient's skin and is intended to be in place for six to twelve months.It provides electrical stimulation to the fusion area to help the body grow bone . Call our office today at (310) 828-7757 and schedule a consultation. Osteogeneis occurs over several months. This led to a wave of thousands of lawsuits against doctors, device manufacturers and even medical societies that if successful would have destroyed innovation in spine surgery. In a spinal fusion procedure, hardware is typically used to stabilize the spine while the bone graft fuses the vertebrae together. Risk factors for revision spinal fusion are similar to first-fusion procedures but also include worker's compensation status, active lawsuits, use of narcotics before surgery, and neurologic problems present before surgery. Wondering what options are available for back pain relief? For more information on this topic, please go to the complete article: A Failed Back Surgery Including A Failed Discectomy, Failed Laminectomy, or Failed Spine Fusion Can Cause A Patient To Suffer Significant Pain, Paralysis, and Disability as well as Require The Patient to Have To Endure Additional Corrective Surgery and be the Basis of a . Your child won't be able to do many physical activities for 12 . A medical malpractice lawsuit concerned spinal fusion is worth over $1,000,000 if the doctor were particularly negligent, especially if he performed the wrong surgery or further injured you. This is for accidents that occur in Miami-Dade, Broward and Palm Beach county. Therefore, spinal hardware (e.g. This is a more general support group for members living with chronic back pain, neck pain, or conditions such as osteoarthritis or inflammatory arthritis. Conservative treatment can include: Rest. Unfortunately, his spine surgery failed to relieve his back pain and he ultimately required a spinal cord stimulator implanted surgically. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. The surgery can correct a herniated disc or repair a damaged spine. Median: $270,000. The best way to avoid these complications is to avoid . $354.00 per week for life for a truck driver who had a ruptured bicep tendon and shoulder tear with surgery. Some doctors may recommend the use of Platelet Rich Plasma to help patients with failed back surgery syndrome. A medical malpractice lawsuit concerned spinal fusion is worth over $1,000,000 if the doctor were particularly negligent, especially if he performed the wrong surgery or further injured you. Researchers believe that failed back surgery occurs in anywhere between 10% to 40% of lumbar laminectomy surgeries (with or without spinal fusion). Other studies show that 5% to 36% of people who undergo a discectomy for a lumbar herniated disc saw their leg and back pain return just 2 years after surgery. This does not include extended hospital stays, follow up treatment, medical accessories, medications and other associated costs. These failed back surgery cases can be caused by defective spinal-devices and can take significant resources to investigate and file a lawsuit. Our data shows that spinal fusion lawsuit settlements usually reach six figures, ranging anywhere from $300,000 to $600,000. In 2002, the Food and Drug Administration approved Medtronic's Infuse Bone Grafts. The median of spinal injuries is more telling, and an attorney who has experience in spinal fusion cases will be able to give you more in-depth information. It was approved by the FDA in 2002 for the limited use during single-level anterior lumbar fusion surgery, as well treatment of tibia fractures and some oral or dental procedures. The Greeks of the Classical Era performed rudimentary, crude spinal fusions that laid the groundwork for the modern lumbar fusion. CNET. The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. There isn't a one-size-fits-all method of recovery after a failed first fusion. Failed back syndrome or post-laminectomy syndrome is a condition characterized by chronic pain following back surgeries. Medtronic, 5 States Reach $12M Settlement. I had a fusion 10 years ago it lasted 30 days exactly then they had to go in and put rods and screws in L4-L5 and honestly haven't had any problems until last . Spinal fusion is the surgical procedure of permanently connecting two or more vertebrae in the spine. That means you'll likely avoid premature degeneration of the adjacent joints . . "Failed Back Surgery Syndrome" most often occurs after a "laminectomy" (removal of the lamina bone to take pressure off of a protruding disc). These concentrated synthetic proteins were used for spinal fusion surgery. Accident Description. The Medtronic Infuse is a new type of bone graft, which uses recombinant human Bone Morphogenetic Protein (rhBMP-2) to stimulate bone growth. The suit charges Medtronic with negligence and is seeking at least $25,000 in compensation from the court. Activity modification. These failed back surgery cases can be caused by defective spinal-devices or medical negligence, and can take significant resources to investigate and litigate a lawsuit. Doctors around the world drive them into the vertebrae of patients with devastating back injuries. I had a spinal fusion performed in November of 2012 by Dr. X. It addresses all the most common causes of back and leg pain, but instead of removing a joint, the implant fully replaces the function of the joint. When the time for healing is extended or the fusion fails to unite, this is a called a "failed fusion" or pseudoarthrosis. Phone: 713.489.0993 | Call us 24/7 How much money can you get from a spinal fusion surgery lawsuit or settlement? Sandweg & Ager, P.C. Wondering what options are available for back pain relief? Many lawsuits have been filed against manufacturers of these products, including Medtronic.