What is the Value of my Defective Spinal Implant Injury Case?

Compensation for a spinal implant injury case may vary from $150,000 to $1,500,000. However, there is no way to come up with a specific payment amount when it comes to an injury to the spine, as there are so many variables that play a role in settlement values. Ultimately, most people receive between 6 to 7-figures in damages, which account for their medical expenses, loss of income, pain and suffering, and other relevant factors.

Overall, we would say that the average range of values for a defective spinal cord stimulator (SCS) lawsuit is between $250,000 and $600,000. If the level of injury is severe and the patient is left with permanent impairments, the amount received through a settlement or jury verdict is likely to exceed $1,500,000.

Aside from the harm you suffered, there are many other elements that impact how much you can receive from a lawsuit for defective spinal implant complications, such as severe burns and permanent damage. We will discuss some of these issues, along with other topics that are relevant to your rights as a defective product injury victim. If you have any questions or concerns about the process of suing for negligence by a medical device company, call us to schedule a free case review.

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What is the Value of my Spine Defect Injury Case?

Frankly, the factors that play a role in how much a lawsuit is worth depends on many details that are specific to each claimant and the harm they suffered. But there are certain factors that are applicable across the board, no matter what type of personal injury you are filing. To figure out the approximate value of a spinal cord implant defect injury claim, we must consider:

• The extent of your pain, long-term suffering, functional limitations caused by the implant and other factors that have to do with the severity of injury
• The total medical expenses you have incurred and will continue to incur in the future due to a spinal implant failure.
• Future or lifetime care costs for services like physical therapy, hiring a home health aide, and making modifications to your home
• Loss of income, which includes current lost wages and projected loss of wages if you are unable to work or reduced in your ability to make a living
• The value of your non-economic damages due to the physical pain, distress, and emotional trauma caused by the injuries from a defective spinal cord stimulator
• The parties that are liable for your injuries and the degree of liability that is assigned to each party

Injuries Resulting from a Defective Spinal Cord Stimulator

Our law firm is in the process of representing multiple claimants who are suffering from serious health conditions due to a failure to disclose in full the risks that are associated with permanent battery-powered spinal cord implants. Manufacturers and healthcare providers named in these lawsuits include Boston Scientific, St. Jude Pain Centers, Abbott, and Nevro.

When there is a defect with a spinal stimulator, patients may experience the following complications:

• Burn injuries
• Electric shock
• Gastroparesis (prevents the stomach from emptying properly)
• Dysphagia (difficulty swallowing)
• Urinary incontinence / retention
• Fecal incontinence (sudden and uncontrollable diarrhea)
• Lead wire fracture or migration
• Worsening pain due to ineffective pain management
• Fainting and dizziness
• Cardiac Arrhythmia (irregular heartbeat)

Am I Eligible for a Spine Implant Lawsuit?

Grounds for a lawsuit are based on negligence, which is a failure to exercise reasonable care for the purpose of protecting others from harm. This includes many different duties and responsibilities, which are based on the relationship between the plaintiff (injured party) and defendant (individual or entity being sued).

Spinal cord stimulators have been in use since the 1960s, and they can be very effective for those who are diagnosed with chronic back pain after an accident. They can also be prescribed for medical conditions such as angina, peripheral vascular disease, post-surgical pain, and diabetic neuropathy.

Unfortunately, there have been numerous defects with various SCS models, and as a result, many people have suffered one or more injuries that have seriously compromised their quality of life. These issues include:

• Lead wire defects – malfunctions or misplacement of lead wires in a spinal implant can result in severe burns and nerve damage. To prevent such injuries, the FDA requires that electric charges in a SCS must always remain under 18 Ohms. When a spinal cord stimulator fails to meet this standard, it is considered defective.
• Generator exceeding safe temperatures– tissue damage and burns can also happen from pulse SCS generators overheating, which means they have exceeded 42 degrees Fahrenheit. We know for a fact that several SCS models failed to meet this requirement by the FDA.
• IPG malfunction – when there is an electrical malfunction in a spine implant, there may be a misfiring of electrical impulses. This can lead to overstimulation that creates crippling pain and other adverse side effects.
• Failure to report adverse events – manufacturers of spinal cord implants are required by the FDA to report adverse events, but underreporting is very common. This is one of the reasons why SCS devices are the third-highest cause of injuries from medical devices, according to a 2018 investigation by the Associated Press.
• Breach of warranty – this has to do with sales reps from medical device companies misrepresenting the facts on the risks and benefits of a spinal cord stimulator. Risks of the implant were rarely mentioned by reps from numerous manufacturers, who focused on how they implant would help them achieve permanent and complete pain relief. This is a blatant misrepresentation of what the patient could expect from an SCS.

Contact a Defective Medical Device Injury Attorney

Lawsuits for defective medical devices are notoriously difficult, as you are going up against some of the biggest and most profitable corporations in the world. It’s easy to get overwhelmed and discouraged during the legal process, which is why help from an experienced spinal cord stimulator injury lawyer is so important.

We have the skills and tenacity to bring you maximum payment from a defective device lawsuit against an SCS manufacturer. In addition, our attorneys work on contingency, so we will never ask you to pay upfront. Legal fees are included in the settlement that is owed to you from the defendant, so in other words, we don’t get paid unless we succeed in bringing you compensation. This is all part of the Zero Fee Guarantee, which we are happy to offer you from the moment you contact us.

If you are ready to discuss your rights and legal options, please schedule a free case evaluation.

Other Pages on Our Website Related to This Topic
Syringomyelia – Spinal Cord Injury after an Accident
Defective Spinal Implant Injury
Spinal Cord Malpractice