What is the Value of a Defective Spinal Cord Stimulator Injury Case?

What is the Value of my Spine Defect Injury Case?

Factors that impact the settlement value of a personal injury lawsuit will vary somewhat from one case to another. That being said, some elements apply to all lawsuits, regardless of how you were injured and who you are suing.

Variables that we need to examine in the valuation of a spinal cord implant injury settlement are as follows:

• The extent of your physical pain and mental suffering as the result of a failed spinal cord stimulator
• The expected value of medical expenses you are likely to incur throughout your life due to needed treatments and on-going doctor’s appointments.
• Compensation for auxiliary services, like help from a home health aide, physical therapist, or mental health counselor
• Lost wages and loss of future income if the injury from a defective SCS has affected your ability to work
• Your level of emotional suffering, which may allow you to sue for non-economic damages (pain and suffering, for example)
• The entities that caused or contributed to the harm you suffered, and the degree of liability that falls on each of the involved parties.

Injuries Caused by Defective Spinal Cord Stimulators

There are currently multiple SCS defect lawsuits in the works on behalf of patients who suffered one or more complications due to negligent or willful misconduct by medical device manufacturers such as Abbott, Nevro, and Boston Scientific. Any defect with a spinal cord implant can result in the injuries listed below:

• Electric shock
• Severe burns
• Urinary incontinence / retention
• Fecal incontinence (sudden and uncontrollable diarrhea)
• Lead wire migration or fracture
• Gastroparesis
• Dysphagia
• Worsening pain
• Fainting and dizziness
• Irregular heartbeat (cardiac arrhythmia)

Do I Qualify for a Spinal Cord Stimulator Lawsuit?

Lawsuits for a defective product are based on negligence, meaning that the product maker or another party failed in their duty of care to the general public. With a medical device, for example, it’s essential that manufacturers follow federal and industry standards in the design and construction of these products.

Though spinal cord stimulators seem like modern devices, their usage actually goes back to the 1960s. When made and used correctly, they can provide effective relief for those who are suffering chronic pain after a serious accident. Doctors also prescribe spinal cord implants for those with post-surgical pain, diabetic neuropathy, angina, and other health conditions.

Over the years, we have seen a growing number of complaints from patients who were implanted with defective spinal cord stimulators. These cases involve serious injuries that compromise the patient’s qualify of life, often on a permanent basis. Such incidents are due to a number of defects with several brands of SCS devices, which include:

• Defective wiring– when the lead wires in a spinal implant device do not meet FDA standards, the patient may end up with severe burns and/or permanent nerve damage. To prevent such injuries, electrical charges in a spinal cord stimulator must be below 18 Ohms.
• IPG malfunction – electrical malfunctions in a spinal cord stimulator can lead to electrical impulses misfiring and causing overstimulation. The patient can experience severe pain and other debilitating side effects as a result
• Overheating generator: the generator in certain SCS models can overheat, meaning they will exceed a temperature of 42 degrees F. This is a violation of FDA safety standards, as it can cause tissue damage and burn injuries.
• Underreporting adverse events – the FDA requires all manufacturers of certain medical devices, including spinal cord stimulators, to report all adverse events caused by the product. However, many of these companies fail to report incidents, thereby misleading patients on the safety of a spinal implant device.
• Breach of warranty – sadly, big pharma and medical device companies have a habit of mispresenting the risks associated with their products. They are all too eager to publish the benefits of a spine implant for chronic pain and other disorders, while making outlandish promises, like how the device provides complete and permanent pain relief. Even worse, they failed to warn patients of potential downsides, like how removal of the device can cause paralysis and epidural hemorrhages.

Contact a Medical Device Defect Injury Lawyer

Negligent medical device manufacturer claims are notoriously difficult, since the companies involved are some of the most powerful and profitable corporations in the world. Injury victims often become frustrated and discouraged early on in the process, which is exactly what these companies are counting on.

With help from a defective spinal implant injury attorney, you can obtain the compensation you need and deserve. We are prepared to work on contingency, meaning that you won’t be asked to pay out of pocket for legal services. At the end of a successful SCS manufacturer lawsuit, we will deduct the cost of legal fees from your settlement. In addition, our Zero Fee Guarantee is there for you from day one to ensure you owe us absolutely nothing if we fail to win your case.

For a free case evaluation on your rights and legal options, contact our office today.

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