The Case
A patient underwent spinal fusion surgery—a procedure to join two or more vertebrae together to eliminate painful motion between them. The surgery requires precise placement of hardware including screws, rods, and cages.
In this case, the fusion was performed incorrectly. The hardware was misplaced, meaning the screws or other components were not positioned where they should have been. This caused ongoing problems and required a second, corrective surgery to fix the errors from the first operation.
The plaintiff pursued a medical malpractice claim based on the surgical error and the need for additional surgery to correct it.
The Defense
The surgeon denied fault. This is common in surgical error cases. Surgeons sometimes argue that the hardware placement was appropriate or that the need for revision surgery was due to factors other than the original procedure.
Defense strategies in these cases often rely on competing expert testimony about what the imaging studies show and whether the hardware placement met the standard of care.
The Resolution
The case went to trial. The jury heard evidence about the surgical error, the misplaced hardware, and the need for corrective surgery. They also heard testimony from both sides about whether the original surgery met the standard of care.
The jury returned a verdict of $750,000 in favor of the plaintiff.
Jury verdicts reflect the community’s view of what happened and what compensation is appropriate. In this case, the jury determined that the surgeon’s placement of hardware fell below the standard of care and that the plaintiff was entitled to significant compensation for the failed surgery, the corrective procedure, and the ongoing impact on quality of life.
Why These Cases Matter
Spinal fusion is a serious surgery with a long recovery period. Patients undergo this procedure when other treatments have failed and when the pain has become severe enough to justify major surgery.
When a fusion is performed incorrectly, patients face not only the continued pain they hoped to resolve but also additional surgery, more recovery time, more risk, and often more pain. The psychological impact of a failed surgery can be significant—patients lose trust in the medical system and face uncertainty about whether the corrective surgery will succeed.
Misplaced hardware in spinal surgery is a preventable error. Surgeons use imaging and anatomical landmarks to guide hardware placement. When these tools are not used properly or when the surgeon makes errors in judgment or execution, patients suffer.
If you underwent spinal surgery that failed due to surgical error and required additional corrective procedures, contact us to discuss whether you have a case. We handle medical malpractice cases on a contingency basis—there is no fee unless we recover compensation for you.