Adding Insult to Injury: Spinal Fusion Lawsuits

Spinal fusion is a surgical procedure in which two or more vertebrae are fused together to improve stability, correct deformities, or relieve pain. It is a delicate procedure that requires skilled surgeons and medical professionals to ensure the safety and well-being of the patient. 

However, not all spinal fusion procedures are successful or error-free. 

While the procedure can be life-changing for many patients, some individuals have experienced severe complications due to defective implants, medical negligence, or improper surgical techniques. 

As a result, spinal fusion lawsuits have been on the rise, with patients seeking justice and compensation for their suffering. If you or a loved one suffered a spinal fusion surgery accident, contact Morgan & Morgan for a free case evaluation to learn more about your legal options—with no charge and no obligation.

The Basics: What Is Spinal Fusion Surgery

Spinal fusion involves permanently joining two or more vertebrae in the spine to eliminate motion between them. This is typically achieved using bone grafts, metal plates, screws, or cages. The goal is to stabilize the spine, alleviate pain, and restore function.

However, like any major surgery, spinal fusion carries risks. While some complications arise naturally, others occur due to medical malpractice, defective medical devices, or inadequate post-operative care.

Common Complications Leading to Lawsuits

Spinal fusion lawsuits often stem from severe complications, including:

• Failed Fusion (Pseudarthrosis): When bones do not properly fuse, patients may experience persistent pain and require additional surgery.
• Infections: Bacterial infections at the surgical site can lead to severe pain, fever, and further complications.
• Nerve Damage: Surgical errors can cause nerve damage, leading to paralysis, numbness, or chronic pain.
• Defective Medical Devices: Faulty spinal implants, screws, or plates can break or migrate, causing significant harm.
• Excessive Scar Tissue Formation: Some patients develop excessive scar tissue, leading to additional pain and limited mobility.
• Improper Surgical Techniques: Surgeons who fail to follow proper procedures can cause unnecessary complications, requiring revision surgery.

Medical Device Manufacturers and Defective Implants

Many spinal fusion lawsuits involve defective medical devices. Some of the most well-known device manufacturers facing legal action include:

• Medtronic: Accused of misleading marketing and promoting off-label use of certain bone graft products.
• Zimmer Biomet: Faced lawsuits related to its spinal implants breaking or failing prematurely.
• NuVasive: Reports of defective spinal hardware causing serious patient injuries.
• Stryker: Several claims allege that their spinal fusion devices have led to unexpected complications.

If you’ve received a spinal implant that failed due to a manufacturing defect, you may have grounds for a product liability lawsuit against the manufacturer.

Medical Malpractice and Spinal Fusion

Beyond defective devices, spinal fusion lawsuits frequently involve medical malpractice claims. Examples include:

• Surgical Errors: Surgeons who operate on the wrong site, damage nerves, or fail to use the correct technique.
• Lack of Informed Consent: Patients who were not fully informed about the risks and alternative treatments.
• Failure to Diagnose and Treat Complications: Medical professionals who neglect postoperative complications such as infections or hardware malfunctions.

To prove medical malpractice, the plaintiff must demonstrate that the healthcare provider failed to meet the standard of care, leading to direct harm.

Who's to Blame? Determining Fault With Spinal Fusion Injury Liability

In spinal fusion lawsuits, determining liability is crucial to holding the responsible party accountable. Liability can fall on various parties, including:

• Surgeons and Medical Staff: If a surgeon makes a critical error during the procedure, such as operating on the wrong area, improperly placing hardware, or failing to monitor for complications, they may be held liable for medical malpractice.
• Hospitals and Surgical Centers: If inadequate sterilization, poor post-operative care, or failure to screen for patient risk factors contributed to complications, the facility itself may be responsible.
• Medical Device Manufacturers: If a spinal implant, screw, or plate was defective due to design flaws, manufacturing errors, or failure to warn of risks, the manufacturer could be held accountable in a product liability lawsuit.
• Pharmaceutical Companies: Some spinal fusion procedures involve the use of bone graft materials that have been linked to serious complications. If a drug or material was improperly tested or marketed, the manufacturer could be liable.

To prove fault in a spinal fusion lawsuit, you’ll need to establish liability by demonstrating that negligence or a defective medical device directly caused your injury. Here’s how:

1. Gather Medical Records and Evidence

Obtain all relevant medical records, including pre-surgery evaluations, surgical reports, and post-operative care notes. Keep records of any complications, additional treatments, or revision surgeries.

2. Consult Medical Experts

Expert witnesses, such as spine surgeons or biomedical engineers, can provide testimony that the procedure or device was flawed. They can help establish whether the standard of care was breached or if a device was defective.

3. Demonstrate a Breach of Standard of Care

If a doctor made a mistake (improper surgical technique, misplacement of implants, or failure to monitor for infections), this could be considered medical negligence. Proving that another competent surgeon would not have made the same mistake is key to a medical malpractice claim.

4. Prove Causation

Show a direct link between the negligence or defective device and your injury. This means proving that your complications (nerve damage, implant failure, or infection) wouldn’t have occurred without the defendant’s actions.

5. Identify the Responsible Party

Determine one or more liable parties from the list above. An experienced attorney can also help you determine fault.

6. Document Financial and Emotional Impact

Keep track of medical bills, lost wages, and pain and suffering to support your claim for damages.

Who Can File a Spinal Fusion Lawsuit?

If you or a loved one experienced serious complications due to spinal fusion surgery, you may be eligible to file a lawsuit. Common plaintiffs include:

• Patients suffering from implant failures, infections, or nerve damage.
• Individuals who underwent additional surgeries to correct a failed spinal fusion.
• Families of patients who suffered wrongful death due to surgical errors or device defects.

How to Know if You Have a Spinal Fusion Medical Malpractice Case

Surgeries involve many variables, and mistakes can happen. Suffering an injury during surgery or during recovery does not mean that you have a medical malpractice case. However, if a medical professional did not treat you with the generally accepted medical standard of care, you could have a case. You could also have a medical malpractice case if your doctor:

• Failed to recommend a suitable alternative procedure
• Insisted on spinal fusion surgery despite it being unnecessary
• Failed to inform you of all the risks associated with the surgery

There is some controversy in the medical community regarding spinal surgeries. Many respected professionals disagree with their colleagues regarding therapies and surgeries for patients with back problems. Having an experienced and dedicated medical malpractice attorney by your side can give you the best chance of a positive outcome for your case.

Compensation in Spinal Fusion Lawsuits

If you win your case, you could be entitled to so-called “special damages” and “general damages.” Special damages are designed to reimburse victims for actual costs due to their injury. They are easier to quantify than general damages as they come with bills or receipts and can include: 

• Medical expenses
• Costs for medical devices such as a wheelchair
• Loss of income
• Transport costs
• Out-of-pocket expenses

General damages are more subjective and can be tricky to calculate. Depending on your case, you could receive awards for:

• Pain and anguish
• Emotional suffering
• Reduced quality of life

The best way to find out what you could be entitled to in your spinal fusion case is to consult with a lawyer who can calculate your damages accordingly. 

Do I Need a Lawyer? Where Can I Find the Best Spinal Fusion Injury Lawyer?

Spinal fusion lawsuits are on the rise due to medical malpractice, defective implants, and post-operative complications. If you have suffered due to a failed spinal fusion, you may have legal options, and an experienced spinal fusion injury lawyer can make a huge difference with your claim.

A spinal fusion case can be tough to litigate, whether based on malpractice or product liability. Plus, handling paperwork involving complex legal and medical issues can be overwhelming, especially if you are recovering. 

Moreover, taking a complicated claim into your own hands can lead to failure on purely technical grounds, even if you have a good case. 

You could see your case thrown out due to missing a deadline or making a mistake on an official document—the slightest mistake can ruin your chances at getting the full and fair compensation you deserve.

Morgan & Morgan has a proven track record of fighting for individuals who have suffered due to medical malpractice and defective medical devices. Our attorneys understand the complexities of spinal fusion lawsuits and work tirelessly to secure maximum compensation for our clients.

If you or a loved one has experienced complications from spinal fusion surgery, contact Morgan & Morgan for a free case evaluation. Our team is ready to help you get the justice you deserve.

Morgan & Morgan’s experienced attorneys are here to fight for your rights and help you receive the compensation you deserve. Don’t wait—reach out today for a free case evaluation.