If you sustained injuries that require you to have spinal fusion surgery, you might want to consider pursuing legal action against the at-fault party. A spinal fusion lawsuit settlement can ensure you get the treatment you need and cover your expenses when your injuries prevent you from working.
Full Answer
What is the average settlement for spinal fusion surgery claims?
What Is the Average Settlement for Spinal Fusion Surgery Claims? The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage.
How does spinal fusion surgery affect my personal injury case?
As a general rule, in personal injury cases, all surgery greatly increases the potential settlement value of the plaintiff’s injuries. Whenever a plaintiff’s injuries require surgery, their tort case is going to have a higher potential settlement value. This is very true in back injury cases involving spinal fusion surgery.
What causes hardware breakage after spinal fusion surgery?
Breakage of hardware can also be the result of a particularly unstable spine. In a spinal fusion procedure, hardware is typically used to stabilize the spine while the bone graft fuses the vertebrae together.
What is a spinal fusion and how does it work?
What Is a Spinal Fusion? What Is a Spinal Fusion? What Should I Do If I Think my Spinal Fusion Surgery is Causing Issues? It does sound complicated, but spinal fusion is a common surgery that fuses two or more bones in the spine. The bones, called vertebrae, are fused together to form one solid bone.
What is the average settlement for a spinal fusion?
As far as the amount you can receive with a spinal fusion surgery settlement, it can vary widely. You can expect from $150,000 to more than $200,000 with spinal fusion cases.
What happens if a screw breaks in a spinal fusion?
Broken spinal hardware should be addressed right away. A rogue screw or rod can interfere with the spine's surrounding structures (the muscles, vertebrae, and nerves), which can cause serious pain and nerve damage if left unresolved.
Can I sue for a failed spinal fusion?
If you suffer from the complications generated by an unsuccessful spinal fusion surgery, you might have a strong enough case to file a spinal fusion lawsuit. As a type of medical malpractice, a spinal fusion lawsuit can develop for many different reasons.
How much is a multiple fusion spinal settlement worth?
The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage.
Why do surgical screws break?
Does hardware ever break? If the bone stabilized by the hardware doesn't heal, hardware may break due to the stresses on the implants. The effect is similar to that of repetitively bending a paper clip back and forth. The presence of a broken implant is not necessarily a disaster.
What causes pedicle screws to break?
Excessive strain between the screw and bone interface is considered to be the primary cause for screw loosening [12, 22], which could be deteriorated when fusion is failure or the anterior support is inadequate.
Is failed back surgery medical malpractice?
For a back surgery gone wrong to be considered medical malpractice, and to find someone liable, a surgical error must have been caused by a medical professional's actions falling below the accepted standard of care. A back surgeon would have a much higher standard of care than that of a family physician.
How much is a back fusion?
For patients not covered by health insurance, a spinal fusion, typically used to treat conditions such as a slipped vertebrae or other spinal instability, typically costs between $80,000 to $150,000 and sometimes even higher!
What happens if spinal fusion fails?
After any spine surgery, a percentage of patients may still experience pain. This is called failed back or failed fusion syndrome, which is characterized by intractable pain and an inability to return to normal activities. Surgery may be able to fix the condition but not eliminate the pain.
Does back surgery qualify for disability?
The SSA's list of impairments does include some back problems such as lumbar spinal stenosis, or conditions that may affect back function like multiple sclerosis. However, back surgery alone is not something that will automatically grant you disability benefits.
What are the limitations after spinal fusion?
Avoid strenuous activities, such as bicycle riding, jogging, weight lifting, or aerobic exercise, until your doctor says it is okay. Do not drive for 2 to 4 weeks after your surgery or until your doctor says it is okay. Avoid riding in a car for more than 30 minutes at a time for 2 to 4 weeks after surgery.
How much compensation will I get for cervical spine injury?
It will vary depending on the type of injury, but the average payout for a neck injury is between $5,000 and $50,000. Soft tissue neck injury claims are worth between $5,000 and $20,000 on average. Neck disc injury cases that result in surgery average over $200,000.
How do you know if your spinal fusion screw is loose?
You can tell if the screws attached are loose when a sudden pain is experienced or when you feel bulges in your spine. When the screws get loose, it can also result in infections. These are few things to keep in mind whenever an individual opts for spinal fusion surgery.
Can you damage a spinal fusion?
Can You Damage a Spinal Fusion? Yes, you absolutely can. While methods for spine surgery have significantly improved over the years, a patient's recovery still depends on their own diligence and dedication, so following the Dos and Don'ts of spinal fusion recovery is a must.
How do I know if I messed up my back surgery?
In addition to chronic back pain, other symptoms of failed back surgery include neurological symptoms (eg, numbness, weakness, tingling sensations), leg pain, and radicular pain (pain that spreads from one area of the body to another, such as from your neck down to your arm).
Can a spinal fusion come undone?
It is permanent and not reversible. There are two things that are going to happen when you have a fusion: There will be implants in your back - rods, screws, bone graft or disc implant/spacer. There will be complete loss of motion of the segments fused.
What Is the Average Settlement for Spinal Fusion Surgery Claims?
The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. One factor t...
Is Spinal Fusion Surgery Painful?
Spinal fusion surgery, like all types of surgery, can involve some temporary pain and discomfort associated with the procedure. Compared to other p...
Is Spinal Fusion Major Surgery?
Yes. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. Bone grafts and artifici...
Does Insurance Cover Spinal Fusion Surgery?
Yes. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance.
How Much Does Spinal Fusion Surgery Cost?
The typical cost of spinal fusion surgery can range from $16,000 to $30,000 depending on various factors such as the type of fusion surgery, the lo...
How Does Spinal Fusion Surgery Impacts Settlement Value?
As a general rule, in personal injury cases, all surgery greatly increases the potential settlement value of the plaintiff’s injuries. Whenever a plaintiff’s injuries require surgery, their tort case is going to have a higher potential settlement value. This is very true in back injury cases involving spinal fusion surgery.
How does spinal fusion work?
Spinal fusion works by reducing the motion between two vertebrae bones that can be the source of chronic pain. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves. The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain.
Is Spinal Fusion Major Surgery?
Yes. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine.
Does Insurance Cover Spinal Fusion Surgery?
Yes. Spinal fusion surgery is generally a valid treatment for an actual medical condition and, therefore, it should be covered by health insurance.
Why is spinal fusion important?
The second reason spinal fusion surgery significantly increases the value of a back-injury case is that it validates the plaintiff’s injury and pain & suffering claim. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously.
What are the most common injuries in the back?
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. Some of the most common back injuries we see in personal injury cases include: 1 Whiplash: Whiplash is a type of neck injury that is often suffered in auto accidents, particularly rear-end auto accidents. Whiplash occurs when the sudden impact of a collision causes the neck to whip forward, injuring tissue in the cervical area of the spine. 2 Herniated Disc: Between each of the vertebrae bones in the spine are soft, doughnut-shaped discs that act as cushions. A herniated disc injury occurs when the outer casing of a spinal disc ruptures causing the soft, jelly-like tissue to push out of the disc. This can be very painful, especially when the protruding tissue compresses a nerve. 3 Fractured or Dislocated Vertebrae: fracture or dislocation of the spinal bones (vertebrae) is a very serious back injury. These types of back injuries usually occur in very high-impact accidents involving significant force. 4 Pinched Nerve: the spinal column is surrounded by many nerve attachments that connect various parts of the body to the brain. A pinched nerve results when a herniated or bulging spinal disc compresses or pinches down on a nerve root in the spine. This can cause severe pain and numbness.
Why is spinal fusion surgery higher than level 1?
There are two reasons for this. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. More treatment equals more damages. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment.
Why do spinal fixation screws hurt?
The screws are meant to bring stability to the person’s spine, to allow greater mobility and movement again after an accident.
What is spinal fixation?
The spinal fixation is an orthopedic surgery where two or more of the person’s spinal vertebrae are fused or brought together to stop harmful movement, while the spine is healing from a fracture.
Why do pedicle screws break?
The pedicle screws used in the fixation of the spinal operations break for a reason. This reason usually includes issues with the wrong diameter size of screw chosen, improper imbedding into the bone, undetermined or unmeasured bone volume, misunderstood pullout force, or other factors that will lead to fracture.
Why do you need a spinal reconstruction?
The point of the surgery is to realign the spine that has been damaged in an accident.
Why does my spine hurt after a spinal fixation?
Many times, the new pain after a surgical spinal fixation is caused by the breaking of the surgical screws.
Why is it important to remove a pedicle screw?
It is important even when removing the screw, to maintain the integrity of the rest of the pedicle screw that is in place int eh spine. The surgeon performing the follow up surgery is under a great strain and stress to get the second or third surgery correct.
How to tell if a pedicle screw is broken?
One test to determine if a pedicle screw has broken is to measure stress analysis with a scanning electron microscope (SEM). Another test is that the person who has had this type of surgery starts to feel pain in the area that does not go away.
What happens when you take out a spine fusion?
Nottmeier said that it’s commonly accepted that there is a risk of adjacent segment disease with any fusion of the spine. If you take out segments of the spine, it puts stress on adjacent motion segments.
Who is the best attorney for a personal injury that requires fusion surgery?
In Florida, attorneys are not allowed to say that they are the best. However, here is a tip.
What compensation did she sue for?
In addition to total medicals expenses of $204,401.99, she sued for compensation for
How many vertebral bursts did Vincent have?
Vincent had two vertebral burst fractures . This is what a burst fracture looks like:
Why is the full value of the case higher?
The full value of the case is higher because more of your neck has been affected. For example, all things equal, someone who has a 2 level fusion on C3-C4 and C4-C5 has a higher case full value than someone who only has a C3-C4 fusion.
Is spinal fusion permanent?
When it comes to spinal fusion surgery, the more levels that are fused, the higher the likelihood that a jury believes that the injury is permanent. Let’s assume that the injured person has a three or four level spinal fusion surgery as a result of a burst fracture (or other fracture).
How to calculate settlement for spinal fusion?
Since every case has different circumstances, there’s no way to calculate an average settlement for spinal fusions. Settlements often depend on the type of surgery performed and the insurance of the defendant.
What are the factors that affect the value of a spinal fusion lawsuit?
Generally, the value of a case depends on three major factors: Liability, Insurance coverage, and. Severity of the injuries. For example, the average settlement for spinal fusion surgery increases when:
What level of cervical fusion did the plaintiff need?
She needed a 3 level cervical fusion surgery. In January 2018, a plaintiff settled her case against State Farm for $685,000 after she suffered a spinal injury in a car accident with an underinsured driver. The accident required the plaintiff to have a cervical fusion surgery.
What are the risks of spinal fusion surgery?
In more serious cases, spinal fusion surgery risks include nerve or spinal cord damage.
How to repair a broken spine?
When you sustain serious injuries to your spine, usually the only way to repair the damage is through spinal fusion surgery. This type of surgery involves joining bones in the spine or removing ruptured discs and replacing them with bone grafts.
How long can you be out of commission with a spinal injury?
Spinal injuries are amongst the most serious of personal injuries, putting you out of commission for weeks, months, or even years. Depending on the type of spinal injury, you might have limited mobility for the rest of your life.
Can a plaintiff prove that a spinal injury was caused by a worker?
The workers on the property where the injury took place did not know about a potential hazard; or. The plaintiff can’t prove that the accident caused spinal injury. Often, the plaintiff qualifies for extra compensation for pain and suffering when they receive spinal fusion surgery.
What is spinal fusion?
Spinal fusion is the procedure a surgeon uses to connect or fuse two or more vertebrae together. This surgery involves placing bone or bone-like material between the vertebrae. Metal plates and screws are often installed to help hold the connection firm while it heals.
Why is spinal fusion done?
Spinal fusion is attempted in an effort to eliminate the motion between vertebrae in the hopes of reducing pain, increasing stability, and preventing excess movement from causing further damage.
How long does spinal fusion surgery last?
Spinal fusion surgery will last several hours , but you’ll be under general anesthesia so you will feel no pain.
How long does it take to recover from spinal fusion?
Full recovery from spinal fusion can occur anywhere from four to six months after surgery.
How long does spinal cord pain last after an accident?
Even when victims are spared permanent disability, the lingering effects of a spinal cord injury may provide almost unbearable pain for months or years after an accident. Under such difficult circumstances, a specialized and expensive procedure may be the only option for relief.
What is the most common type of spine break?
The most common type of spine break is a compression fracture. These breaks can leave victims with intense pain and also cause them to hunch and lose height.
What is a burst fracture?
A burst fracture is also a possibility after suffering an impact. The forces exerted on the spine launch bone fragments into the spinal canal. Spinal fusion surgery is used to stabilize an unstable spinal column due to many different types of fractures.
What causes a broken spine?
Instances of broken spine hardware are rare. However, there are things that can damage hardware. In some cases, a patient may experience a sudden trauma such as a car accident or hard fall that causes hardware to break. Hardware breakage may also result from: 1 A spine that’s unstable in other areas 2 A fusion that’s taking longer than expected to form 3 Hardware that wasn’t positioned correctly (also a rare occurrence)
Why does my spine hardware break?
The damage may occur when hardware naturally breaks down, or a break may be caused by excessive pressure on certain parts of the spine.
How to prevent spine hardware from breaking?
As your level of activity increases following your procedure, take proper precautions to avoid placing too much stress on the area where the hardware is inserted, which usually means avoiding excessive twisting or bending or wearing protective gear after being given the okay to play certain sports again . Being mindful of your weight and posture can also ease stress in areas where hardware is located.
What is the hardware used for spinal surgery?
Most of the hardware used today for spinal surgery is made of some combination of plastic and strong metals like titanium. Even so, breakage does sometimes occur. The first thing to do is to recognize symptoms that may suggest your hardware is no longer providing support. Signs to look for include:
What is revision surgery?
Revision surgery is often necessary to correct the issue. Depending on the extent of the damage and nature of the issue, corrective spine surgery may involve: Addressing any damage to tissues or nerves that may have been done by the broken or loose piece of hardware.
Can a broken spine cause hardware to break?
However, there are things that can damage hardware. In some cases, a patient may experience a sudden trauma such as a car accident or hard fall that causes hardware to break. Hardware breakage may also result from: A spine that’s unstable in other areas.
Can a rogue screw cause nerve pain?
For this reason, it’s best to see your Beverly Hills spine surgeon to determine if an issue with your hardware is causing your symptoms. Even something as small as a single rogue screw could be enough to irritate muscles or nerve roots or trigger inflammation.
Why do people sue for spinal fusion?
Overview of spinal fusion lawsuits. People sue over failed spinal fusions for a number of legal reasons. The most popular reasons for this type of lawsuit are the following: The surgeon was negligent while performing surgery. A surgical implant was marketed as safe and effective when the manufacturer knew it wasn’t ...
What are the risks of spinal fusion?
Additional risks and complications of a spinal fusion include (but are not limited to): Chronic pain. Broken or defective spinal implants, such as pedicle screws. An incomplete spinal fusion. Swelling. Pressure on a spinal nerve. Scar tissue.
What is the FDA approved for spinal fusion?
The main target in spinal fusion litigation is Medtronic. For instance, the Food and Drug Administration approved Medtronic’s Infuse Bone Grafts for spinal fusions in 2002. Infuse Bone Grafts are concentrated synthetic proteins with the long name of “recombinant human bone morphogenetic proteins,” or rhBMP-2. In 2015 it was approved by the FDA for use in lumbar procedures that also require the use of a “cage” to reinforce the spinal column while the vertebrae fuse. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages.
How long does it take to recover from spinal surgery?
Once this is complete, the surgeon will close the incision. Recovery from spinal surgery takes months. 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.
When was Infuse approved?
In 2015 it was approved by the FDA for use in lumbar procedures that also require the use of a “cage” to reinforce the spinal column while the vertebrae fuse. Prior to this approval, titanium cages were implanted; after that, Infuse was approved for use with certain polyetheretherketone (PEEK) cages.
How many lawsuits have been filed against Medtronic?
There were approximately 10,000 lawsuits filed against Medtronic by patients who had been injected with Infuse Bone Grafts. Medtronic has settled around 4,000 of the claims and plans to settle the remaining lawsuits. This is expected to bar future claims of this kind.
Why did spinal interventions become necessary in the 1900s?
Spinal interventions became very necessary in the 1900s because of the tuberculosis epidemic.
What Happens when Spine Hardware Breaks?
We have previously written about spine hardware – the possibility of it loosening over time, whether or not it can set off metal detectors, and its ability to make noise after surgery. In this article, we are going to discuss the likelihood of spine hardware breaking after surgery, and the steps you should take if this happens to you.
What are spine screws made of?
Screws, plates, rods, and other types of spine hardware are made of incredibly strong and sturdy materials (usually titanium and/or composites). They are made to be long lasting and resist breaking.
What is broken hardware?
Breakage of hardware can also be the result of a particularly unstable spine. In a spinal fusion procedure, hardware is typically used to stabilize the spine while the bone graft fuses the vertebrae together. Depending on the patient, the bones can fuse quickly, or they can take some time.
What to do if you feel pain after spine surgery?
If you feel any significantly increased pain, or something just doesn’t feel right after your spine surgery, contact your surgeon right away to address the issue. If there is an issue with your implanted spine hardware, your physician will first confirm with an x-ray or other imaging scan.
Can spine hardware break?
Though it is unlikely, it is possible for spine hardware to break after an operation for several reasons. If the patient experiences an acute injury (such as a car accident injury), the implanted hardware may break, or move out of its proper place.