Settlement Amounts for Spinal Cord Stimulator Cases
- The amount of money people receive for spinal cord stimulator settlements depends largely on the severity of the spinal cord injury caused by the stimulator, the cost of medical bills and treatment, and how well the treatment worked.
- Typically, settlements for spinal cord stimulator cases fall within the range of $275,000 to $600,000; however, for malpractice cases, the average is roughly $1,975,309 and can be influenced by many factors, such as where the case is located and how much the person was earning prior to the injury.
- In order to maximize your settlement for a spinal cord stimulator case, proper documentation of your past and future medical costs and any related psychological evaluations is essential.
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What Is a Spinal Cord Stimulator?
A spinal cord stimulator is a highly advanced medical device that has been developed to treat chronic pain by using electric impulses to disrupt the pain signals to the spinal cord, thereby preventing the sensations of pain from reaching the brain. The device itself consists of three primary components:
- A small device known as the “generator” that provides the power for the system and is normally implanted just under the skin.
- A thin wire called the “lead,” which serves to connect the generator to the electrode(s), which are implanted in the spinal cord.
- Electrodes, which send the electric impulses to the spinal cord to disrupt the pain signals.
Users of a spinal cord stimulator can adjust the intensity of the impulses using a remote control. The use of this technology represents one of the most promising approaches to treating chronic pain in individuals who have not achieved adequate relief through other treatments.
Advantages and Risks of Using a Spinal Cord Stimulator
Spinal cord stimulators offer a number of benefits to individuals who have not received sufficient relief from chronic pain through other forms of treatment. Probably the largest advantage is the reduction in chronic pain experienced by users of spinal cord stimulators. When the device blocks or masks the pain signals, users of spinal cord stimulators are able to experience a marked reduction in their level of pain.
In addition to the reduction in chronic pain, the use of spinal cord stimulators can help reduce an individual’s reliance on prescription pain medications, which can cause unwanted side effects and have the potential for addiction.
It is essential for individuals considering spinal cord stimulation to understand the risks and potential complications involved in the procedure. As with any surgical procedure, there exists a possibility of infection at the implantation site. Bleeding can also occur during or after the procedure.
Nerve damage is a serious complication that can result in numbness, tingling, or weakness. Furthermore, spinal cord compression is possible and can result in serious complications such as paralysis. Individuals should consult their healthcare provider regarding the risks associated with spinal cord stimulation to make an informed decision regarding whether to undergo the implantation procedure.
The Procedure for Implanting a Spinal Cord Stimulator
The procedure for implanting a spinal cord stimulator involves several stages to ensure the success of the procedure and the safety of the patient. First, a psychological assessment will be made of the patient to establish if the patient is suitable for the SCS therapy. The assessment will evaluate the patient’s mental capacity to derive benefit from the therapy.
Following the psychological assessment, a spinal cord stimulator trial will take place. The trial involves temporarily inserting a lead in the spinal cord to assess the effectiveness of the device in eliminating the patient’s pain. The trial will generally last several days and will allow the patient and the healthcare provider to evaluate the results of the trial.
If the trial proves successful, the patient will then undergo the permanent implantation of the spinal cord stimulator. The permanent implantation procedure is generally referred to as spinal cord stimulator surgery and will generally take a few hours, and is carried out under general anesthesia. During the surgery, the permanent generator will be inserted under the skin, and the lead will be connected to the electrodes that are positioned in the spinal cord.
Once the spinal cord stimulator is permanently implanted, the patient will require a period of rest and recovery for several days. A rehabilitation program will often be recommended to assist the patient in adjusting to the device and in managing any potential complications. Depending upon the needs of the patient and the type of SCS device used, the details of the procedure may vary. It is essential to communicate with a qualified healthcare professional to obtain a complete understanding of what to expect when a spinal cord stimulator is implanted.
Suffered a Spinal Cord Injury?
Factors That Influence Settlement Amount for Spinal Cord Stimulation Implantation
There are several key factors that contribute to the settlement amount of spinal cord stimulator cases. Primarily, the severity of the spinal cord injury or other spinal injuries that were sustained as a result of the spinal cord stimulator will greatly influence the settlement amount. If the patient suffered a serious spinal cord injury, such as partial or full paralysis, the settlement amount will be significantly greater than the amount for less severe injuries because of the substantial effect the injury will have on the individual’s life and livelihood.
Liability is a further determinant of the settlement amount for spinal cord stimulator cases. The degree to which the injury impacts the individual’s daily life is yet another influential factor. Medical expenses, which include the initial treatment and subsequent medical care, are a significant determinant of the settlement amount for spinal cord stimulator cases. Although spinal cord stimulation is costly initially, the medical costs are generally less expensive over time as the patient experiences improved quality of life and requires fewer pain medications.
Finally, the effectiveness of the spinal cord stimulator procedure is a further determinant of the settlement amount. The degree to which the spinal cord stimulator procedure alleviates the patient’s pain and improves his/her quality of life will directly correlate with the settlement amount.
Accurate and comprehensive documentation of the injuries and their impact on the patient’s life is necessary to maximize settlement claims. The combination of the factors above will ultimately determine the final settlement amount, thus ensuring that the amount of compensation paid to the patient is reflective of the actual financial and emotional burdens that the patient has endured.
Common Settlement Amounts for Spinal Cord Stimulation Claims
Settlement amounts for spinal cord stimulation claims can vary significantly. Malpractice cases that involve spinal cord stimulation can settle for approximately $1,975,309 on average. However, the typical settlement ranges between $275,000 and $600,000, and is influenced by a variety of factors, including the severity of the injury, the effectiveness of the spinal cord stimulation, and the patient’s pre-injury income. Settlement amounts may differ based on a variety of additional factors, such as permanent job limitations or negative medical reports.
Settlement amounts can vary significantly by geographic area, with settlements in larger cities potentially being double the national averages. Examples of real-life case studies, such as a $300,000 settlement post-mediation or an initial $250,000 offer by an insurance company, demonstrate the opportunities for negotiation and the potential for increased settlements.
Costs of Care for Spinal Cord Stimulation
The costs of care associated with spinal cord stimulation are a substantial factor in determining settlement values. These costs consist of the expenses incurred during the initial implantation procedure, the costs associated with maintaining the equipment and the costs of future medical needs. While the initial costs of the spinal cord stimulation are relatively high, they are often balanced by the decreased healthcare costs experienced by the patient throughout the first year of treatment.
By including these costs in the settlement claim, the patient’s financial burden will be accurately represented and will be properly reimbursed.
Initial Implantation Costs
The costs of the initial implantation of a spinal cord stimulator can be quite high. Generally, these costs will range from $20,000 to $60,000. While the costs will be lower for those with insurance, they will still vary from $5,000 to $12,000. Those without insurance will pay between $19,000 and $47,000, and may even exceed $75,000 in major urban areas. The spinal cord stimulator procedure commences with the placement of a hollow needle into the spinal canal, followed by the insertion of the generator/stimulator under the skin.
Upon completion of the initial spinal cord stimulator trial, a permanent spinal cord stimulator implant procedure, commonly referred to as spinal cord stimulator surgery, will be required to ensure long-term relief for the patient. The permanent implantation procedure will generally take a few hours and will be completed under local anesthesia. In some cases, the implantation process may necessitate the removal of the lamina bone to accommodate the device.
Maintenance and Replacement Costs
Maintenance and replacement costs for spinal cord stimulation devices are recurring costs that patients will incur for the duration of their use. Generally, patients will require 8 to 12 surgeries to maintain and replace the spinal cord stimulator throughout their lifetimes. The spinal cord stimulator typically requires a replacement every 2 to 5 years, with the cost of replacing the device battery alone averaging $25,000 every 5 years. Follow-up surgeries will substantially add to the long-term financial burden of the spinal cord stimulation device, with the total costs for spinal cord stimulation maintenance averaging between $250,000 and $500,000 for the remainder of the patient’s lifetime.
Suffered a Spinal Cord Injury?
The Spinal Cord Stimulator Lawsuit Process
Injury to the spinal cord can cause serious and long-lasting damage to an individual’s quality of life, including physical disabilities and chronic pain. As a result, the spinal cord stimulator lawsuit process can be quite lengthy and may require extensive documentation. While there are numerous resources available to help individuals file a lawsuit, it can be difficult to know where to begin. Here are some steps you can take to file a spinal cord stimulator lawsuit.
Step 1 – Identify a Lawyer
Identifying a lawyer who specializes in personal injury lawsuits involving spinal cord injuries is important. A qualified lawyer will guide you through every phase of the litigation process and help you receive the highest possible award.
Step 2 – Document Your Injury
Documenting your injury is also an important part of filing a spinal cord stimulator lawsuit. Be sure to gather all relevant medical records, including reports from doctors, hospital stays, and other treatments you received as a result of your spinal cord injury. Additionally, document how your spinal cord injury has affected your daily life, including your job, family relationships, and hobbies.
Step 3 – File Your Lawsuit
Once you have identified a qualified attorney and documented your injury, you can file your spinal cord stimulator lawsuit. Your lawyer will submit your complaint to the appropriate court and initiate the discovery phase of the lawsuit. During this time, both sides will gather evidence, interview witnesses, and present arguments to the judge or jury.
Step 4 – Negotiate Your Settlement
During the litigation process, the two parties may engage in negotiations regarding the settlement of the lawsuit. Your lawyer will work with you to determine whether a settlement offer is reasonable and acceptable. If you agree to accept a settlement, your lawyer will draft a settlement agreement outlining the terms of the settlement.
Step 5 – Receive Your Award
If you settle your spinal cord stimulator lawsuit, you will receive your award in exchange for agreeing not to pursue further legal action. If you go to trial and win your case, the judge or jury will award you damages, which may include monetary compensation and non-monetary relief, such as changes to public policy or laws that affect others with similar injuries.
Additional Information Regarding Filing a Spinal Cord Stimulation Lawsuit
In addition to the five steps outlined above, here are some additional things to consider when filing a spinal cord stimulation lawsuit:
Statute of Limitations: There is a limited timeframe within which you must file a spinal cord stimulator lawsuit. This period varies by state and jurisdiction but generally ranges from one to three years after the date of the alleged injury. Failing to file your lawsuit within this time frame will render it invalid.
Pre-Trial Settlement: Prior to going to trial, both parties may engage in settlement negotiations. Settlement agreements are binding contracts that outline the terms of the settlement, including the payment of monetary compensation and/or non-monetary relief. If you agree to a settlement, you will waive your right to pursue further legal action and receive a certain amount of money to compensate you for your injury.
Jury Trial: If you cannot reach a settlement agreement with the opposing party, your case will proceed to a jury trial. During a jury trial, both sides present evidence and argue their respective positions to a panel of impartial jurors. The jury then deliberates and returns a verdict in your case. Depending on the jurisdiction, a jury may award either compensatory or punitive damages.
Appeal Process: Regardless of the outcome of your trial, you may appeal the decision to a higher court. An appellate court reviews the lower court’s decision to determine whether the judge made any reversible errors during the course of the trial. If the appeals court finds reversible error, it may order the lower court to retry the case, modify the original verdict, or dismiss the case entirely. If the appeals court affirms the original verdict, you will not be able to challenge it again. The appeals process may take months or even years to complete.
Damages: The primary purpose of filing a spinal cord stimulator lawsuit is to seek monetary compensation for your injury. Depending on the type of damages you suffered, you may be entitled to different types of compensation, including:
- Medical Expenses: Compensation for any medical bills you incurred as a direct result of your spinal cord injury, including hospital stays, doctor visits, medication, surgery, therapy, and other treatments.
- Lost Wages: Compensation for lost wages and benefits you suffered due to your inability to work as a result of your spinal cord injury.
Pain and Suffering: Compensation for any pain and suffering you endured due to your spinal cord injury, including any emotional distress, anxiety, depression, or loss of enjoyment of life. - Loss of Enjoyment of Life: Compensation for the loss of enjoyment of activities you were once able to enjoy due to your spinal cord injury.
Disfigurement: Compensation for any disfigurement or scarring caused by your spinal cord injury. - Punitive Damages: Compensation intended to punish the defendant for their actions and deter others from committing similar acts in the future.
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