Given the risky nature of the procedure and the laws in some states, the chance of filing a medical malpractice claim successfully for the harm caused by having an unsuccessful cervical fusion surgery is low. One surgery that is becoming more common for the back and neck injury types and is seeing increased coverage is cervical fusion injuries. Contesting Cervical fusion injuries can be devastating and almost impossible to recover from fully. Revisions or second surgeries may attract between an additional 1-2 per cent WPI for each. But, you are hesitant to have the surgery and want to negotiate a, 2. Put simply, a spinal fusion, also called arthrodesis, is a welding process. $3 MILLION - Settlement (New York Labor Law Section 240) - A male construction worker, age 42, fell off a ladder and injured his spine in Manhattan, New York. When we get a back injury in a motor vehicle accident and require emergency medical treatment, we always expect to face high medical costs to begin our recovery. The Dr. Although unfortunately, sometimes, the other driver only bought a minimum insurance policy limit, so you could be left with a limited amount of recovery. Discectomy performed. If it is compromised in any way in a back or neck injury, you will find functioning in daily life virtually impossible. Following are just a few of the results the attorneys at Sakkas, Cahn & Weiss, LLP have obtained for past clients. Workers Comp: Settlements for Back Injury, Workers Comp: Settlements for Bulging Disc, Workers Comp: Settlements for Herniated Disc, Workers Comp: Settlements for Ankle Injuries, Workers Comp: Settlements for Brain Injury, Coronavirus (COVID-19) Workers Compensation and Unemployment Information All 50 States, Workers Compensation Deadlines All 50 States, Personal Injury Statute of Limitations All 50 States, Can You See Your Own Doctor on Workers Comp? Find out now with a free claim assessment. The average compensation is calculated based on the medical expenses incurred by these injuries, with some leeway for damages like pain and suffering. When his claim ended in 2021, he was awarded a staggering $4,000,000.00 verdict. The average payout for workers' compensation cases, in general, was found to be $21,800. There are more. We encourage you to take the first step forward and discuss your legal situation with us anytime 24/7. $537,000 settlement for a man who required cervical fusion surgery following a car accident. For example, do not be surprised if the insurance claim adjuster suddenly disagrees with the doctor you chose from the workers comp panel and have been treating with for years, and sends you to an IME doctor to try to find a way not to have to pay for the fusion. Each of the provided lawsuit examples has led to substantial and fair settlements to account for the surgerys cost and damages, like lost wages. You already had spinal fusion surgery and now want to settle your workers comp claim. The claim was denied and the settlement was reached after a successful result at the hearing level. Acervical fusion is a highly delicate surgical procedure designed to treat the portion of your spine that reaches your neck. https://wiki.theclm.org/wiki/263#Com.tEGGeTM3mfJv3w However, there is still remarkably little coverage surrounding the lawsuits and the subsequent settlements or court awards. Save my name, email, and website in this browser for the next time I comment. If you decide not to undergo a recommended fusion surgery or settle your claim, you may still receive additional medical treatment. When healthcare professionals occasionally recommend cervical fusion, it is usually a last resort as the surgeon sees no other way to repair the damage. Some people who undergo surgery develop additional problems at levels below and above the fused portion. If you do, your lawyer can help you seek the maximum benefits available; and, if you dont, your lawyer can help you understand what other options you may have available. Like the 2-level surgery, the 3-level surgery involves the removal of multiple discs during surgery and the placement of hardware. Suffering a neck injury in a work-related vehicle collision, Suffering a neck injury in a fall or other work-related accident, Being exposed to vibration (like bus or truck drivers) on the job, Work activities that require repeated or prolonged straining of the neck. The settlement included ongoing medical benefits. The severity of your injury and its effects will determine the amount of benefits you can recover. Metal plates, screws, and rods may be used to hold the vertebrae together, so they can heal into one solid unit. Fusions are done either on the anterior (our surgeon will approach your spine from the lower abdomen for a lumbar fusion or front of the neck for a cervical fusion), posterior (your surgeon will approach from the back), or both sides of the spine (lateral approach). We make it easy for you to access more of the legal funding facts you deserve. If you are aninjured workerreading this article, then one of three things is probably right: 1. We are well-versed and experienced in personal injury law cases and would like to speak to you about each and every factor of your legal matter. $409,000 arbitration trial award for an HVAC worker who underwent cervical fusion surgery, when the respondent denied that his accident caused his cervical herniated disk . A cervical fusion can consist of: These are only a few of the options for cervical fusion procedures. We at Express Legal Funding understand that as a reality of life and have provided pre-settlement funding to those pursuing spinal fusion claims. Plano, Texas 75024, Office: (888) 232-9223 The world does not stop even when your world is turned upside down from a cervical spine injury, and you still need to make ends meet. If you or a loved one has suffered a spinal injury at work or caused by another drivers negligence, and now needs cervical, lumbar, or thoracic fusion surgery, call me for a free consultation: (804) 251-1620 or (757) 810-5614. However, the injuries happen more often than the lack of coverage implies. That is because your lumbar and cervical spine are more mobile (have a greater range of motion) than your thoracic spine and, therefore, at greater risk of suffering sudden trauma or degeneration from repetitive stress and movement. Additionally, even if you need to show that your injury is job-related, this does not necessarily mean that you must have been doing your job when you got injured. Our attorneys have been exclusively helping injured workers in Michigan for more than 35 years. Based on the information provided: Lumbar DRE Category IV (as a result of fusion) = range 20%-23% WPI. And there was a risk of some type of complication post-surgery and the need for repeat surgery. Injuries to the lower cervical vertebrae can also have these effects, though there is generally a greater likelihood of recovery. Now your. 2 Ohio Bureau of Workers' Compensation, Columbus, OH. A neck fusion is a surgical procedure that permanently connects two or more vertebrae. Here are a couple of real settlements for cases involving spinal fusion surgery: In December 2015, Chipotle Mexican Grill settled a case for $1.3 million with a customer in Florida who slipped and fell in their store. I have settled multiple cervical and lumbar fusion cases for more than $250,000.00, including several for more than $325,000.00 and one for more than one million dollars. Roger Joiner ) Docket No. degenerative disc disease of the cervical spine is from $55,000.00 to $300,000.00 or more if spinal fusion is needed and results in complications. His office address is 30101 Northwestern Highway, Suite 250, Farmington Hills, Michigan, 48334 and his telephone number is (248) 284-7285. A Three-Level Cervical Fusion is a major surgery where 3 discs are removed and hardware is placed to stabilize the neck. Call us now or Email! The general rule is that a multilevel lumbar fusion, one-level neck fusion, and one-level thoracic fusion are worth more than a single-level lumbar fusion settlement. Questions about hiring an attorney? What to Do If You Have a Work Related Shoulder Injury? In early 2022, Aaron Winston gained the Search Engine Optimization and the Google Ads LinkedIn skills assessment badges. It compared final treatment outcomes including return to work, disability, and the use of opioid drugs for pain management. At Frischhertz & Impastato, we are proud of our record of results on behalf of clients who have suffered injuries. The process of filing for workers compensation starts with reporting your injury to your employer. Eur Spine J. Even though people who have a three- or four-level cervical fusion will be able to perform most daily tasks without being hindered by a reduced cervical range of motion, they will still experience an adjustment period and some tasks may require new methods to manage. The primary risksto consider when cervical fusion is on the table are: In addition to these risks, it is possible to experience a reduced range of anterior motion after the surgery, even with physical therapy. Youre not alone. 10 Types of Free Legal Advice You Need When Filing for Workers Comp, FAQs Coronavirus and Workers Compensation, What to Do While Your Workers Comp Claim is Pending, Documents to Collect for Your Work Injury Claim, Mistakes to Avoid During Your Work Injury Claim, Understanding Cervical Spine Injuries and Their Effects. If you can secure compensation, it will help if you are equipped to address the costs of your treatment and hopefully walk away with some funds to rebuild. What is the Average Workers Compensation Settlement Amount for Spinal Fusion Cases? Unfortunately, you will still be financially responsible for your daily life even as the cervical fusion claim proceeds. You want to choose an attorney that you connect well with and that has the skills you require. FAQ: Whos Liable if You Hit Roaming Cattle or Livestock? Our law firm has represented injured and disabled workers exclusively for more than 35 years. It is also important to protect entitlement to other government benefits like Medicare when a settlement is contemplated. Jeff and the firm did everything they were supposed to do for me and my case.Ricardo Perfetto. We tell our clients that a good workers comp settlement for a cervical fusion pays enough to cover future medical treatment and years of wage loss benefits. On average, the chances of this reduced range of motionare as follows: There are a few additional risks associated with the procedure. A cervical or lumbar fusion is a surgical procedure with substantial risk. Aaron's thoroughly researched guides are among the most-read lawsuit funding articles over the past year. The settlements are typically much higher than the common slip and fall case. How Do You Verify if Your Employer Has Workers Compensation Coverage? The attorneys at Edgar Snyder & Associates have experience handling workers' compensation settlements for neck and spinal fusions, injuries such as cervical radiculopathy and herniated discs, and other work-related back injuries - so if you have questions or think you have a case, give us a call at 412-394-1000. Plus, at Express Legal Funding, we always make it completely free to apply and never charge any application fees. You are also entitled to other benefits besides those for your surgical procedure for your work injury, including weekly wages and future medical expenses, and physical therapy as part of your Workers Comp claim. Fax: (956) 707-0522 When the case ended eight years later, in 2005, he received a court-awarded settlement verdict of $550,000.00 in an upfront lump-sum payment for his injuries, pain and suffering, and other types of damages caused by the spinal injury. This study is not the only source bringing attention to the risks associated with spinal surgery. ), or secondary to a failed back surgery, and causing significant pain and instability in the spine. Some cases had average spinal fusion settlements, whereas others got abnormally high settlements. The average work comp settlement for spinal fusion is not a one-size-fits-all equation. And even if the surgery goes well, there is no guarantee that your neck or back pain, or the radiating pain to your arms or legs, will go away forever. The delay in getting the surgery decreases the likelihood of a successful outcome. Applying for Social Security disability benefits (SSDI) is usually the next step. Generally, 3-level cervical fusion settlement workers compensation claims involve civil liability, personal injury, and other damages. Slip Read: How to Find a Work Injury Lawyer Near Me. Typically, spinal fusion cases with large insurance policy limits have resulted in settlements ranging between $150,000.00 to $1,000,000.00 for the injuries and complications incurred. So, a workers compensation injury that requires a cervical fusion surgery should result in at least a Category IV rating of 25 to 28 percent to the body as a whole. You may be entitled to a cervical spine injury workers comp settlement if your are unable to work as a result of your injury. Cervical fusions account for several sub-procedures that repair the damage done to the spinal column so you can return to some semblance of your original quality of life. There are, however, times when a spine fusion surgery is recommended and may be your best option. A spinal fusion can be performed at any level of the spine cervical, thoracic, and lumbar. With this in mind, it is important that you speak with a lawyer about seeking a cervical spine injury workers comp settlement. Statistics published by the Workers Disability Compensation Agency show the average payout amount for a work-related injury in Michigan was $59,235.42 in 2020. There are many different spinal fusion techniques. You may also request vocational rehabilitation services to try to help you find a new job if you are unable to return to your pre-injury job because of the fusion. Learn How to Calculate a Spinal Fusion Settlement Amount that Provides Financial Security for You and Your Family. The largest amount found was a $1,5 million arbitration award paid to a mentally disabled victim after an accident involving a special transportation bus. Jury Awards $7,000,000 in Cervical Fusion Case - Judge Denies Defendants' Post-Trial Motion to Set Aside $5,000,000 Portion of the Verdict for Pain and Suffering . In exchange for. Based. Get 3-level cervical fusion settlement workers compensation process information. The study found that 11 percent of the lumbar fusion patients had permanent disability, compared to 2 percent of patients who treated without surgery. When these procedures go wrong, it can lead to an even more painful experience for the patient than they experienced from the original injury. Immigration Status While the cases vary wildly, they prove that cervical fusion is a costly and intensive treatment option that can increase settlement amounts. For example, the Cleveland Clinic notes that, [straining] your neck often for your job, like looking overhead (for example, painters) or downward (plumbers or flooring installers) for many hours every day or keeping your head at an improper position for long periods of time (for example, staring at a computer screen that is too high or low), can cause cervical spondylosis.

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