Spinal fusion surgery significantly increases the potential value of any back injury claim. Our Maryland personal injury lawyers see a lot of back injuries, and we have seen first-hand how spinal fusion surgery can double or triple the settlement value of these cases.
This post looks at lumbar spinal fusion settlements and verdicts in cases where the victim was required to undergo spinal fusion surgery in their back.
Back Injury Lawsuits
The term “back injury” is an umbrella term that refers to injuries involving the bones, discs, and nerves in the spinal cord. Some of the most common back injuries we see in personal injury cases include:
- Whiplash: Whiplash is a type of neck injury that is often suffered in auto accidents, particularly rear-end auto accidents. Whiplash occurs when the sudden impact of a collision causes the neck to whip forward, injuring tissue in the cervical area of the spine.
- Herniated Disc: Between each vertebrae bone in the spine are soft, doughnut-shaped discs that act as cushions. A herniated disc injury occurs when the outer casing of a spinal disc ruptures, causing the soft, jelly-like tissue to push out of the disc. This can be very painful, especially when the protruding tissue compresses a nerve.
- Fractured or Dislocated Vertebrae: fracture or dislocation of the spinal bones (vertebrae) is a severe back injury. These types of back injuries usually occur in very high-impact accidents involving significant force.
- Pinched Nerve: the spinal column is surrounded by many nerve attachments connecting various body parts to the brain. A pinched nerve results when a herniated or bulging spinal disc compresses or pinches down on a nerve root in the spine. This can cause severe pain and numbness.
The potential settlement amounts for back injuries in tort cases are highly dependent on the type and level of treatment that the plaintiff undergoes.
Minor back injuries that only require pain medications and physical therapy? These cases typically receive lower settlement compensation. The next level of treatment in most back injury cases is epidural steroid injections. The settlement amounts in those cases are mixed. The third and highest level of treatment in back cases is usually spinal fusion surgery.
About Spinal Fusion Surgery
Spinal fusion is a surgical technique commonly used to treat back injuries resulting in chronic pain. In spinal fusion surgery, two or more vertebrae bones in the spine are essentially welded or “fused” together into a single bone. This fusing process is designed to eliminate chronic pain caused when the bones move independently.
Spinal fusion works by reducing the motion between two vertebrae bones, which can be a source of chronic pain. Fusion on the spine bones also prevents stretching and pinching of adjacent ligaments and nerves.
The idea is that if the vertebrae are immobilized through fusion, they will no longer cause chronic pain. Spinal fusion surgery is only an effective treatment option when motion is the source of pain and the location of the pain in the back is known.
Spinal fusion surgery is used to treat many accident-related back injuries, including:
- Herniated discs
- Fractured vertebrae
- Pinched nerves
- Spinal stenosis
How Does Spinal Fusion Surgery Impact Settlement Compensation?
As a general rule, in personal injury cases, all surgery greatly increases the potential average settlement amount. So when a plaintiff’s injuries require surgery, you can reasonable expect a higher potential back injury settlement with surgery than if you would if you have not had the procedure. This is especially true in back injury cases involving spinal fusion surgery. Because it is serious surgery… and it sounds like serious surgery to a juror deciding compensation.
The factor with the biggest impact on the potential settlement value of back injury cases is the level of treatment that the plaintiff undergoes. For most types of back injuries, there are three escalating levels of potential medical treatment that might be required:
| LEVEL 1: Meds & Therapy | Level 1 treatment for back injuries usually involves some combination of anti-inflammatory pain medication (e.g., ibuprofen) AND physical therapy. |
| LEVEL 2: Steroid Injections | If pain meds and physical therapy are not effective at eliminating chronic pain from a back injury, the next level of treatment involves epidural steroid injections. This involves injecting anti-inflammatory steroid medications directly into the epidural space in the spine. These injections (which can last several months) eliminate back pain by reducing inflammation and nerve irritation. |
| LEVEL 3: Spinal Fusion Surgery | If Level 1 (meds & physical therapy) and Level 2 (steroid injections) are not effective at eliminating chronic back injury pain, the third and final level of treatment is usually spinal fusion surgery. |
The average settlement value of a back injury claim will increase based on the level of treatment that the plaintiff underwent. Whenever a back injury requires spinal fusion surgery, it can easily double or triple the potential value of the case.
There are two reasons for this. First, it entitles part of the damages that a plaintiff to receive in personal injury cases includes medical expenses. More treatment equals more damages. The medical expenses associated with spinal fusion surgery are going to be much higher than the expenses associated with Level 1 treatment.
The second reason spinal fusion surgery significantly increases the value of a back-injury case is that it validates the plaintiff’s injury and pain & suffering claim. If a back injury only requires level 1 treatment, insurance adjusters (and jurors) tend to take it less seriously. They will be more likely to discredit any alleged pain & suffering and devalue the claim. By contrast, whenever a back injury requires spinal fusion surgery (level 3 treatment) claims adjusters are forced to take it seriously and are less likely to dispute the plaintiff’s pain and suffering claims.
Be Careful With Average Back Injury Settlement Statistics
Remember that all these statistics are flawed. Any statistician who pulled the methodology of how these numbers are calculated would have grave reservations about relying on any of these estimates as a true average spinal surgery settlement value.
Does that make these statistics useless? I would not say that. But keep in mind this is not like looking at the average price of West Texas crude oil. Ultimately, you can dig and find information to help you better estimate the settlement payout for your claim. But every case really is different, and the average back injury settlement has no real bearing on the true settlement value of your claim.
What Is the Average Settlement for Spinal Fusion Surgery Claims?
The average settlement compensation payout for a back injury lawsuit involving spinal fusion surgery is between $150,000 and $200,000. One factor that limits the settlement value in spinal fusion auto tort cases is the limits of applicable insurance coverage. Our lawyers have handled scores of cases where we were limited to the insurance policy limits although the claim had a much higher settlement value.
Is Spinal Fusion Major Surgery?
Yes. Spinal fusion surgery is a major surgical procedure requiring general anesthesia and takes several hours to complete. Bone grafts and artificial hardware such as rods and screws are used to fuse and stabilize the spine.
How Much Does Spinal Fusion Surgery Cost?
The typical cost of spinal fusion surgery can range from $16,000 to $30,000 depending on various factors such as the type of fusion surgery, the location on the spine, and the location where the procedure is done.
Spinal Fusion Back Injury Verdicts and Settlements
Below are stories of spinal fusion back surgery cases and the compensation payouts for their personal injury claims. We expand out search for settlements and verdict beyond Maryland because the case does not have be in Maryland to be instructive as settlement value.
- $1,000,000 Settlement (New Jersey 2024): A truck driver stopped to turn into a driveway. Another driver crashed into the truck’s driver’s side front. The plaintiff suffered multiple back injuries, including compression fractures and bulging discs at multiple vertebrae locations. His injuries required spinal fusion surgery, bone grafting, and lumbar and thoracic epidural steroid injections. After efforts to settle this spinal fusion lawsuit at mediation failed – mostly because the defendant was still denying responsibility – the case headed toward trial. But shortly before trial, a $1 million settlement was reached. One challenge in settling a case like this is the plaintiff also had a huge workers’ compensation lien that need to be properly resovled to maximize how much money the vicitm puts in his pocket.
- $850,000 Settlement (North Carolina 2024): A woman was rear-ended and suffered two impacts as she was pushed into an oncoming vehicle. She went to the ER with complaints of neck and back pain. She began with conservative treatments with a chiropractor and physical therapist. She also tried epidural steroid injections. With no improvement, a lumbar MRI revealed L5-S1 disc desiccation/herniation and an annular tear. A lumbar decompression or spinal fusion at L5-S1 was recommended but the plaintiff had not had the surgery at the time of settlement.
- $225,000 Settlement (Virginia 2024): A 38-year-old woman is rear-ended. She had a pre-existing left-sided L5-S1 disc herniation, for which she had undergone a discectomy a few years before. After the accident, she experienced lower back and leg pain on her right side, distinguishing it at least somewhat from the earlier injury. The MRI supports this, too, showing a new, large right-sided disc herniation at L5-S1. The plaintiff underwent an L5-S1 laminectomy. It did not work. Three months later, she had a lumbar spinal fusion. Following the fusion surgery, the plaintiff made a full recovery. She accepted a $25,000 maximum limit offer from the liability carrier and settled with her underinsured motorist carrier for $200,000, totaling $225,000.
- $950,000 Settlement (New Jersey 2023): A 61-year-old was rear-ended. She had minimal vehicle damage and no immediate hospital visit, which is usually not a harbinger of a million-dollar settlement. She finally saw a doctor about six months later and had a three-level fusion on both the posterior and anterior sides. The defense challenged her claims due to the treatment delay. The case settled at an arbitration for nearly $1 million. This was a very good settlement for this case.
- $12,790,400 Verdict (Ohio 2022): This case is different from the others because it is a medical malpractice claim. Two women underwent spinal fusions performed by the same surgeon. They were told that these procedures were necessary. The women’s symptoms failed to resolve. One of them sustained nerve damage caused by her surgery. The woman alleged negligence against the surgeon. They claimed mischaracterized their symptoms and misled them into undergoing unnecessary procedures. The jury awarded a payout of $12,790,000.
- $1,135,346 Verdict (Washington 2020): A 44-year-old woman was involved in a chain-reaction collision. She suffered a traumatic brain injury, a neck injury, and a disc herniation. The woman sustained cognitive loss and chronic migraines. She underwent a two-level cervical fusion and discectomy. The woman could no longer work. She alleged that the at-fault driver’s negligence caused permanent injuries. The woman also made a vicarious liability claim against the at-fault driver’s employer. A jury awarded $1,135,346. (This is a cervical fusion case but the verdict is still instructive for this case and the new one.)
- $700,000 Settlement (California 2020): A 51-year-old passenger was T-boned. She suffered rib fractures and C5-6 and C6-7 disc protrusions with stenosis, radiculopathy, and paresthesia. The woman underwent chiropractic care, massage therapy, and spinal injections. She then underwent a two-level cervical fusion. Despite the surgery, the woman’s C5-6 symptoms lingered. She alleged that the at-fault driver’s failure to yield to a stop sign caused her injuries. The defense disputed the woman’s injury claims. This case settled for $700,000.
- $1,250,000 Settlement (California 2020): A man was broadsided by a police officer. He suffered a sternum fracture, an L5-S1 herniation, a cervical herniation, and shoulder impingements. The man underwent a lumbar fusion and a cervical discectomy. He alleged that the police officer’s negligence caused his injuries. The man claimed he disobeyed traffic laws, failed to yield the right-of-way, and failed to maintain a proper lookout. The police officer denied liability. He argued that the man excessively sped and failed to observe his vehicle. A settlement for $1,250,000 was reached before trial.
- $1,051,800 Verdict (Georgia 2020): A woman was rear-ended on an exit ramp. She injured her head, neck, and back. The woman underwent a cervical discectomy and fusion. She alleged that the at-fault driver’s negligent tailgating caused her injuries. The at-fault driver denied liability. She argued that the woman’s abrupt stop made the collision unavoidable. The jury found the at-fault driver 100 percent liable. They awarded the woman $1,051,800.
- $4,375,018 Verdict (Louisiana 2020): A man was rear-ended by a truck. He suffered a traumatic brain injury, a right shoulder tear, rotator cuff injuries, left knee injuries, and cervical and lumbar injuries. The man underwent multiple procedures. They included fusion surgery, a subacromial decompression with distal clavicle resection, and a left knee arthroscopy with ACL reconstruction. The man alleged that the truck driver’s negligence caused his injuries. He claimed he failed to slow down, maintain a proper lookout, and avoid the collision. The man also made a vicarious liability claim against the truck driver’s employer, Landstar Ranger. The defense admitted liability but disputed the injuries. A jury awarded the man $4,375,018.
- $2,300,000 Settlement (Florida 2019): A 52-year-old man was rear-ended. He injured his neck, lower back, and right leg. The man underwent cervical and lumbar fusions. He subsequently underwent three lumbar procedures. They included a revision fusion, a decompression, and a laminectomy. The man could no longer work as a painter. He alleged that the at-fault driver’s negligence caused his permanent injuries. The defense admitted liability but disputed the injuries. This case settled for $2,300,000.
Average Settlement for Workers’ Comp Claims Involving Spinal Fusion Surgery
There are so many pain fusion surgery cases from workers’ compensation lawsuits, especially L5-S1 fusion surgery. Victims want to know the average settlement for a spinal fusion surgery under workers’ compensation.
Some spinal fusion surgery comp cases have settlements that are hundreds of thousands of dollars. But there is no average, as the settlement amount I can cite for you. There are so many factors – including the severity of the injury, the cost of medical treatment, the length of disability, the state laws governing workers’ compensation, and the insurer’s policies – that average settlement statistics really are useless to you.
If you look online, you will see some willing to venture estimates for the average settlement for workers’ compensation claims involving spinal fusion surgery. These ranges are generally between $50,000 to $250,000 or more, depending on the specific circumstances of the case. But, again, I do not think that is particularly helpful in understanding with confidence the range of settlement compensation you should expect.
Steps to Take if You’re Considering Spinal Fusion Injury Lawsuit
If you or a loved one has undergone spinal fusion surgery as a result of an accident or medical negligence, it is important to understand the steps involved in pursuing a legal claim for compensation. Here are some thoughts:
1. Document Everything: From the moment of the injury, keep detailed records of all medical visits, treatments received, and interactions with health professionals. Document your pain levels, mobility issues, and any activities you can no longer perform.
2. Consult a Specialist Lawyer: Spinal injuries are complex, and the legalities surrounding them are equally intricate. The lawyer you hire matters. The best spinal injury lawyers get the best settlements and verdicts. Consult with a personal injury lawyer who focuses on spinal cases and has a history of success in the courtroom and at the settlement table.
3. Understand the Impact of Your Injury: Discuss with your medical provider the long-term impacts of your spinal fusion surgery. Understanding the full extent of your injury will help in articulating the impact on your life for legal proceedings.
4. Prepare for a Lengthy Process: Spinal fusion claims can be lengthy due to the detailed medical evidence required and the potential for substantial settlements. Patience and persistent communication with your legal team are crucial.
5. Consider Future Needs: Ensure your claim includes potential future medical costs, modifications to your home, ongoing care needs, and any future surgeries that might be required. Consider the long-term impact on your earning capacity as well and communicate all your thoughts to your car accident attorney.
Find a Spinal Injury Lawyer
If you were in a car accident and may have a spinal injury, our lawyers may be able to help you. Call us at 800-553-8082 or submit a request for a free consultation.