Hardware Failure

[Isaac]

I actually have two questions : 1. I initially had a lumbar dissectomy done in 2004 for herniated disk. This at first relieved most of my back pain. My pain returned less 10 months later and I was advised that I needed another dissectomy at the same level.  I had this surgery. This did not relieve my pain in fact It got much worst. My surgeon at that time said you probably shouldn't have had two surgeries so close together(he was the one who advised me to do so). Then when my pain got much worst he just kept giving me more drugs. I had asked him before the 2nd surgery if I should get a second opinion and he said no that he was sure of what I needed. I went to see him after my second surgery almost unable to be mentally functional from the medications , I had a physical therapist come with me because I could not even hold my head up.  He said to me what do you want me to do as if it was my fault I was not better.  I was seen by pain management on my own decision and they encouraged me to get a second opinion. I was then evaluated by a spine surgeon after my PCP had gotten a MRI and saw that my vertebrae had collapsed.  I saw the spine surgeon who suggested I get a fusion due to spine instability from(the surgeon said I should not have had two dissectomies so close together and this was what probably led to my vertebrae collapsing. My question for this was this malpractice.  At no time did my first surgeon even suggest that this might occur.  He never even suggested that there might be something wrong only.  He never suggested another MRI or even and Xray to see if something was wrong.  I got the feeling he was just ignoring me and trying to make it my problem.  Now on to my second question: 2. In June of 2006 I had a posterior fusion of L4-5, 5-S1 with metal hardware and bone grafting.  I had both levels fused with a cage and 6 screws and bone grafting.  I did great for approx 18 months when I suddenly noticed pain in my leg.  My new surgeon got and Xray and MRI which showed that the end caps on the two top screws were backing off. One had completely come off and had migrated to the left of my spine.  I am wondering if this was hardware failure due to manufacturing of this particular hardware.  My surgeon said he had seen end caps come off like that.  The other 4 end caps were intact.  I underwent and second spinal fusion with replacement of all end caps even on existing intact screws in Fe of this year.  I do not think this was malpractice but am wondering if this could be true hardware failure at the manufacturing level.  

thank you for listening

ANSWER: First, your history is a fairly common one. Spinal surgeries often do more harm than good, as you have learned. Truly good, honest orthopedists and neurosurgeons try everything in the book before going to surgery. Spinal surgery of all kinds has a high failure rate.

That may be a reason these cases have become difficult for lawyers. The defense is always, 'Well,we tried everything and his back is just so bad that he can'r hope for any better result. Tough, huh?'

However, you owe yourself a shot at compensation for what is medical malpractice, on three(3) counts. So prepare to find yourself a good malpractice lawyer

The first orthopedist should not have done the second surgery. He should have run MRIs and Scans to see what was going on within weeks of his first surgery, or certainly when you returned with complaints of pain. Instead of jumping in there with his second surgery he should have referred you to a neurosurgeon. You don't give the dates of surgery, but that guy must have had some big bills show up to be in such a hurry for that second surgery.  Then, of course, he began your trip to addiction to vicodin or other pain medicines. You are, aren't you?

Now, the second guy put all that cast iron into your back, and again, these surgeries are rarely successful. Your leg pain was the result of that breaking of the 'caps' of screws, and their wandering into the sciatic space; the sciatic takes off in that area and would have been exposed to injury. This result could have been a manufacturing problem, and your lawyer should explore that. However, it could also be malpractice by the surgeon. He did a repair and that may offset his malpractice, but that is another thing for your lawyer to think about. The manufacturer will have to be named as a defendant.

Your lawyer is going to have to be good, and hostile, and smart. The absolutely best way for you to find such a lawyer is to go to your County Court House and go through the civil index for malpractice cases, spinal surgery cases. List the plaintiff lawyers who have won at trial, or at least appear to have got good settlements. Go see them. Choose one that looks good to you, as I said above. Talk only to those lawyers who win. But, even if you find a good lawyer and he works hard, you can still lose these cases. They are tough. But don't let fear of loss stop you. Sue the bastards. Sueing a manufacturer is easier for a lawyer, and he may split his case. But that's his problem. Go get them.

---------- FOLLOW-UP ----------

I had heard that actually was a class action law suit against the manufacter of this hard ware. Do you know if this is true. I am still on pain medication but am currently weaning off of them.  My second surgery appears to be good but I know that only time will tell.  It has been a hard road but I really feel that my first surgeon set me off on this long road.  MY second surgeon was a orthopedic neuro surgeon and I don't really feel that he did anything wrong.  It was about 18 months after my first surgery that they discovered the end caps off prior to that I felt great back to doing most anything I wanted.  He jumped on my pain when I told him and once he found the end caps situation he immediately set me up for my second fusion. I am really angry with the first doctor, I feel I had poor post op care and followup and he ignored me as if I was a drug seeking individual(he told my Physical therapist "what does she want me to do") He actually postponed my second surgery the week before it was scheduled knowing I was in pain(he just decided he needed to get remarried at the last minute) I am just frustrated with my last 4 years of pain

[Marlin]

O.K. Then suen only the first surgeon and the manufacturer. Your lawyer should know if a class action suit is in progress. He will probably join it if that is the case. You go ahead and find a lawyer and let him work out the legal stuff. Good luck. I hope this last surgery works.