Millions of Americans suffer from low back pain because of spinal problems and degenerative disc disease. The debilitating pain, loss of motion and loss of strength force many low back patients into surgery in order to allow them to work and support themselves and just to live a normal life. If non-invasive methods don’t work for these patients, they are presented with several surgical options.
Many patients have been advised to have a discectomy where herniated disc material is removed from the nerve or spinal fusion, which fuses the vertebrae together to therefore prevent the pain that is caused by the motion of the spine. In the last couple of years, replacement discs like the Charite Disc have come onto the market, touting their ability to replace natural discs that have failed and offering an alternative to traditional spinal fusion. The idea is to get the same pain management but without losing mobility in the back because the artificial Charite Spinal Disc, for example, is designed to allow a patient to move from side to side or up and down and it acts as a natural disc would.
When Johnson and Johnson marketed these discs and disc replacement surgery, they touted all of the benefits, but left a great deal of information out of the results of their studies. For instance, pain management was actually not one of their criteria for success – and pain management, for low back pain sufferers, is in fact the main motivation of opting for back surgery. Additionally, they failed to publicize that the Charite Disc replacement actually only had about a 57% success rate and many patients have had to have additional surgeries to replace the discs or fuse the vertebrae. Back surgery, especially spinal disc replacement surgery is not only incredibly complicated and expensive, it is also life threatening and if there are complications can result in paralysis.
Many doctors are now expressing concern over the artificial Charite Discs, and not without reason. Due to the nefarious marketing strategy and the glossing over of major problems with the product, the poor results in pain management and a lack of improvement in range of motion over spinal fusion patients, and a high number of follow up disc surgeries, many people have been badly injured because of this product. Low back pain is incredibly debilitating and when not managed properly can keep you out of work and literally keep you from living your life.
If you have suffered because of an implanted Charite Disc, you should consider contacting a medical device malfunction attorney or a product liability attorney as soon as possible. Depending on your case, you may be able to cover additional surgeries to fix any existing problems, you may be able to pay for any past surgeries that you have had and you may be entitled to compensation for loss of pay and for pain and suffering.
There are statutes of limitations relating to product liability lawsuits and medical device defect lawsuits, so don’t wait to see if you are entitled to compensation because of your implanted artificial Charite Disc.