Cervical fusion surgeries are often performed after serious neck injuries caused by traumatic accidents, such as car crashes, workplace falls, or violent assaults, that damage the cervical spine. When someone suffers this type of spinal injury due to another party’s negligence, the path to recovery can be both physically and financially overwhelming. That’s why many victims pursue personal injury claims or lawsuits, often seeking compensation that reflects the high cost of treatment, long-term recovery, and reduced quality of life.
This article breaks down the typical settlement amounts for cervical fusion cases, explaining how factors like surgical costs, pain and suffering, lost wages, and liability affect potential payouts.
Whether you’re already pursuing a claim or just starting to explore your legal options, understanding what goes into a cervical fusion settlement can help you make informed decisions and advocate for fair compensation.
What is Cervical Fusion?
A cervical fusion is a delicate surgical procedure performed to treat serious spinal injuries in the cervical spine—the uppermost section of the spine that extends into the neck. It is commonly used to address conditions such as herniated discs, spinal fractures, spinal cord compression, and degenerative disc disease in the neck. Unlike lumbar fusion, which targets the lower back, cervical fusion stabilizes the vertebrae in the neck region, which is essential for supporting the head and maintaining neck mobility and spinal alignment.
If it is compromised in any way in a back or neck injury, you will find functioning in daily life virtually impossible. Non-fatal injuries to this spine can be excruciating and devastating to your physical health if improperly treated.
Cervical fusion surgeries are common for vertebral surgeons, often neurosurgeons, to correct damage to the cervical spine region. Given how severe injuries to this spine region can be, the spinal fusion surgery used to treat it can be equally devastating.
Cervical fusions account for several sub-procedures that repair the damage done to the spinal column so you can return to some semblance of your original quality of life. A cervical fusion can consist of:
Types of Cervical Fusion Procedures
- Bone Grafts: Bones are taken from another part of the body and surgically added to the injured part of your skeleton. This process promotes new growth of the bone in the affected area.
- 2-Level Cervical Fusion: Certain spinal discs that have been compromised are removed, and the adjacent discs are fused to compensate. This can be performed as a 2-level or even 3-level cervical fusion surgery.
- Plate Installation: Metal plates are fused to the afflicted area to hold the vertebrae together and enable recovery.
These are only a few of the options for cervical fusion procedures. However, like all surgeries, these procedures are not perfect nor without serious risk.
Despite cervical fusion being a standard option for most healthy adults, significant risk is involved. When these procedures go wrong, it can lead to an even more painful experience for the patient than they experienced from the original injury.
Not to mention, the chance of dying or becoming paralyzed from spinal fusion surgery is not unheard of.
These risks becoming a reality for patients have led to rising medical malpractice cervical fusion cases worldwide. Knowing these risks could make all the difference when your doctor recommends cervical fusion.
Given the risky nature of the procedure and the laws in some states, the chance of filing a medical malpractice claim successfully for the harm caused by having an unsuccessful cervical fusion surgery is low.
What Are the Risks of Cervical Fusion Surgery?
When healthcare professionals occasionally recommend cervical fusion, it is usually a last resort as the surgeon sees no other way to repair the damage. Of course, there are always exceptions, but for the most part, you cannot avoid the surgery as it will be your best chance, as you have exhausted all other ways to treat the injury.
However, electing to undergo this surgery does not guarantee proper recovery, and the surgery can cause severe side effects worse than the initial injury. The primary risks to consider when cervical fusion is on the table are:
Side Effects and Risks of Spinal Fusion Surgery:
- No Relief: Sometimes, the surgery fails to produce any relief from the initial injury. You are left suffering from chronic pain that comes from the injury and the post-surgical pain.
- Pseudarthrosis: Surgery is not always guaranteed to work. Sometimes your body will recognize that the graft, even if it is made from your bone, is not supposed to be there, and the graft will not fuse properly. This failed fusion is also known as pseudarthrosis.
- Dysphasia: Surgery can sometimes cause side effects unrelated to the treated injury. Cervical fusions can lead to dysphasia, a condition where you constantly swallow for no reason.
- Dural Tear: The spine is surprisingly fragile for a part of the human anatomy responsible for so much. When operating on it, the situation can worsen if the surgeon inadvertently causes a Dural tear. These tears cause your spinal fluid to leak out, which can cause worse issues.
- Nerve Damage: The nerves surrounding your spine are very much in the line of fire when you undergo surgery. Sometimes, your nerves get damaged and cause you a great deal of pain.
- Infection: A common risk with surgery is developing an infection. While you can treat the infection, failing to catch it in time can lead to severe illness and possibly death.
- Spinal Cord Damage: The most significant risk is that cervical fusion surgeries can damage the spinal cord. If this is damaged, you could find yourself permanently disabled. Fortunately, this risk is rare, with only 1 in every 10,000 surgeries causing damage.
In addition to these risks, it is possible to experience a reduced range of anterior motion after the surgery, even with physical therapy. On average, the chances of this reduced range of motion are as follows:
- There is a 39.5% chance of flexion mobility reduction.
- There is a 25.7% chance of reduced mobility in the left lateral flexion.
- There is a 25.9% chance of reduced mobility in the right lateral flexion.
- There is an 18.3% chance of reduced mobility when rotating left or right.
There are a few additional risks associated with the procedure. However, these are among the more severe that can leave you physically devastated.
While the odds of each risk vary depending on what they are and how severe the damage is, they are still worth keeping in mind when the surgery comes up. These risks and consequences have led to the rise of cervical fusion lawsuits, from medical malpractice cases to personal injury attorney cases.
Some of these side effects have a direct impact on the payout amount that is awarded in these cases. However, they primarily provide insight into the severity of your injuries and whether the potential for an injury lawsuit exists, which brings us to the question that likely led you here today.
What is the Average Settlement of a Cervical Fusion Surgery Case?
When you undergo cervical fusion surgery, you are rolling the dice on suffering complications that could impact your quality of life.
When another party inflicts the injuries that led you to this surgery, you could pursue a personal injury claim that makes the cost of the medical treatment and the complications you endured part of your settlement.
Generally, a personal injury claim settlement is not set in stone. Unfortunately, sometimes, the other driver only bought a minimum insurance policy limit, so you could be left with a limited amount of recovery.
The average compensation is calculated based on the medical expenses incurred by these injuries, with some leeway for damages like pain and suffering.
The case value tends to go up significantly when pursuing a claim when cervical fusion is required to recover. The number of vertebrae requiring surgical attention will affect the case settlement. The more levels fused in the surgery, the higher the settlement average.
The Average Spinal Fusion Settlement to the Number of Vertebrae Rates Are:
- Settlements of around $150,000.00 for cervical fusion affecting a single vertebra.
- Settlements of approximately $250,000.00 for cervical fusion with issues on two vertebral levels.
- Settlements of roughly $275,000.00 or higher for cervical fusion with issues on three or more vertebral levels.
While the number of vertebrae that require treatment will directly affect your personal injury settlement amount, there is a national average.
Typically, spinal fusion cases with large insurance policy limits have resulted in settlements ranging between $150,000.00 and $1,000,000.00 for the injuries and complications incurred.
Surgery complications also play a role since a cervical fusion can impact your range of motion and make it challenging to perform ordinary physical tasks. If you experience this reduced range of motion and lost quality of life, it may entitle you to additional settlement funds for damages.
However, these statistics will only tell you so much, and you might need some extra information. Fortunately, there are a few existing examples of cervical fusion settlements that corroborate this information.
Cervical Fusion Settlement Amounts and Court Verdicts
Cervical fusion claims are not well-known. Because they are personal injury cases, personal injury law firms use them to boast about their average settlement amounts and success rates. The settlements are typically much higher than the common slip and fall case.
However, the injuries happen more often than the lack of coverage implies.
Some cases had average spinal fusion settlements, whereas others had abnormally high settlements. Either way, a cervical fusion claim can lead to a substantial payment.
One example of a cervical fusion claim involved a New Jersey man caught in a car accident.
Example #1: Keiderling v. Garrido-Diez
The case of Keiderling v. Garrido-Diez began on April 10th, 1997, when 40-year-old Keith Keiderling was rear-ended while stopped at a red light by Eva Garrido-Diez while she was running a work errand. The car accident collision caused two herniated discs in Mr. Keiderling’s vertebral column. The cervical fusion was necessary to repair the herniation damage.
In addition to incurring enormous medical bills, the accident prevented Mr. Keiderling from working, costing him significant wages.
When the case ended eight years later, in 2005, he received a court-awarded settlement verdict of $550,000.00 in an upfront lump-sum payment for his injuries, pain and suffering, and other types of damages caused by the spinal injury.
He was also awarded an addition $50,000.00 that was placed in an annuity to pay for the college funds of Mr. Keiderling’s children.
Example #2: Jose Marel Cardona v. Thomas Edwin Cline
Mr. Keiderling was not the only victim to earn a significant settlement for cervical fusion injuries. On October 1st, 2015, a 44-year-old man named Jose Cardona was a passenger in the front seat, driving along a highway in Kissimmee, Florida.
Mr. Cardona was a passenger in a small sport utility car along the highway and reached an intersection. At that same intersection, a woman in an SUV was rear-ended by another man named Thomas Cline.
The collision from Mr. Cline’s vehicle caused the woman’s SUV to spin out of control and strike Mr. Cardona’s vehicle. He suffered severe injuries that required cervical fusion surgery to treat and became unemployed. When his claim ended in 2021, he was awarded a staggering $4,000,000.00 verdict.
While the cases vary wildly, they prove that cervical fusion is a costly and intensive treatment option that can increase settlement amounts. Each of the provided lawsuit examples has led to substantial and fair settlements to account for the surgery’s cost and damages, like lost wages.
However, there remains no guarantee that the settlements for future patients will be at the same rates. It is also important to note that litigating a claim of this nature will not absolve you of other financial responsibilities – this means you might need some financial support.
During the Cervical Fusion Personal Injury Claim
Cervical fusion injuries can be devastating and almost impossible to recover from fully. The damages from a spinal cord injury can compromise your ability to move and live life as you once knew it.
The injuries that cause enough damage to warrant this operation are severe and allow you to seek a personal injury claim against the at-fault driver.
If you can secure compensation, it will help if you are equipped to address the costs of your treatment and hopefully walk away with some funds to rebuild.
Ultimately, the settlement you can potentially win will depend on how severe your injuries are and how much corrective surgery was necessary. Unfortunately, you will still be financially responsible for your daily life even as the cervical fusion claim proceeds.
The world does not stop even when your world is turned upside down from a cervical spine injury, and you still need to make ends meet. We at Express Legal Funding understand that, as a reality of life, we have provided pre-settlement funding to those pursuing spinal fusion claims.
Even though PIP insurance can cover the high costs of hospital stays and surgeries, it won’t pay for the costs of gasoline and an overnight hotel before and after the spinal fusion surgery. That is where we have come in to help our clients by advancing them with legal funding in exchange for a portion of their potential case proceeds.
So they could stay focused on preparing for and getting to the surgery center without worrying about not having enough money to get there.
Plus, the good thing is lawsuit funding is risk-free, allowing you not to worry about having to repay us if you lose your case.
It’s risk-free because it is not a loan of any type (Some states even had court decisions determining legal funding not to be a loan). This means if you go to court and lose your case, the money is yours to keep.
Plus, at Express Legal Funding, we always make it completely free to apply and never charge any application fees. So to get started, all you need to do is give us a call or apply online.
If you are suing for a spinal injury claim or another type of injury case and have hired an attorney on a contingency fee basis, you qualify to apply for pre-settlement funding anytime.
So if you are interested in learning more and a free legal funding case review to learn more about whether this type of litigation finance is the right choice for you, give us a quick call. We make it easy for you to access more of the legal funding facts you deserve.
