Spinal Cord Injuries

A spinal cord injury (SCI) occurs when the spinal cord is damaged, typically as a result of trauma, disease or degeneration. While there are varying degrees of severity, SCIs can be catastrophic, permanent, life-changing injuries. If you or a loved one is suffering from a spinal cord injury that was caused by someone else’s carelessness, you will need a spinal cord injury lawyer to advocate on your behalf. Spinal cord injury attorneys at Sullivan Pain Block McGrath & Cannavo PC are highly experienced and have amazing track records of recovering damages for our clients suffering from SCIs.

Compensation for your Spinal Cord Injury  

Spinal cord injury lawyers at Sullivan Papain Block McGrath & Cannavo understand that SCIs are devastating injuries and can change the course of one’s life. We can help you obtain compensation for both the financial costs of the injury and the consequences that injury has had on your life. In the past, our spinal cord injury attorneys have successfully obtained compensation for our clients and continue to do so today.

Our results:

• $183 million verdict for the families of the deceased firefighters and the surviving firefighters of the Black Sunday Fire in 2005 which occurred as the result of the construction of an illegal partition wall in an apartment building. Without access to the fire escape, the firefighters were forced to jump five stories. The surviving firefighters sustained severe injuries which include, but are not limited to, spinal cord injuries.
• $28 million recovered for our client, a worker at JFK airport, who was struck by a speeding port authority police vehicle resulting in catastrophic injuries including, but not limited to, traumatic brain injury and spinal cord injuries that required 16 surgeries.
• $11.5 million recovered for our client who was struck down by a large dead tree limb that fell about 35 feet, resulting in severe brain injury and spinal cord damage with incomplete paraplegia.
• $8.8 million settlement in a case involving a motorcycle accident in which our client struck a turning car in order to avoid an illegally parked truck, causing a permanent SCI and paraplegia.
• $7 million settlement for our client who was rendered partially paralyzed in a motor vehicle accident.
• $4.1 million recovered in a case involving a truck that hit a motorist, causing several herniated discs in his neck, requiring multiple surgeries.
• $3.65 settlement for malpractice during spinal surgery. The monitoring technician and the interpreting neurologist failed to obtain adequate baseline readings, resulting in the lack of blood supply to the spinal cord. Our client woke up from the surgery with quadriplegia, unable to ambulate without a walker or cane.
• $3 million recovered for our client who was hit by a city ambulance that failed to slow down at the intersection, resulting in paraplegia.
• $2.4 million settlement for our client who suffered devastating neurological injuries during back surgery. Despite signs from pre-surgery nerve monitoring, the surgeons failed to heed the warning signs of a potential spinal cord injury. Our client woke up from surgery paraplegic.
• $1.975 million recovered following the death of our client after spinal surgery that resulted from the hospital staff’s failure to diagnose the signs and symptoms of pulmonary embolism.
• $1.2 million settlement for our client who required a spinal fusion after being hit by a “train” of shopping carts.

What is the Spinal Cord and what does it do?

When pursing an SCI claim, it is important to understand the anatomy and major functions of the spinal cord. Our spinal cord injury attorneys have the knowledge and extensive resources that you want and need to obtain compensation for you injuries.

The spinal cord is the means by which the brain and the rest of the body communicate. It runs downward from the base of the brain to the lower back and is protected by the vertebrae (bones) of the spinal column. The vertebrae are separated by discs made of cartilage and between each vertebra and disc are spinal nerves that emerge from the spinal cord and send signals to specific areas of the body.

Together, the spinal cord and the brain make up the central nervous system (CNS). The flow of messages via the central nervous system control your motor functions (ability to control the movement of your muscles), your sensory functions (ability to “feel” things) and your autonomic functions (involuntary responses that your brain controls without having to think about it; your “reflexes”).

Spinal Cord Injuries:

When the spinal cord is injured, its role as the communication conduit for the brain and the rest of the body is compromised. As a result, a spinal cord injury can drastically change a person’s life, often causing permanent changes in strength, movement, sensation and other body functions below the site of the injury.

The spine in divided into four sections along its length: cervical, thoracic, lumbar and sacral. The location of the nerve roots in the spinal cord determines their function. Accordingly, the severity and outcome of a spinal cord injury depends on the location of the trauma along the spinal cord. Typically, the higher on the spine the injury, the more devastating the consequences. 

• Cervical section: According to the World Health Organization, more than 50% of spinal cord injuries occur in the cervical section, the top of the spine, near the neck. The nerve roots emerging from the cervical section control the signals sent to the neck, arms, and hands. The cervical section is at the greatest risk for injury from strong, sudden movements. SCIs in this region may render one quadriplegic, when all four limbs of the body are paralyzed.
• Thoracic section is the section below the cervical section. This section aids in keeping the body upright, protects vital chest organs and articulates with each rib to form the rib cage. A third of spinal cord injuries occur in the thoracic area. An injury in this section may result in paraplegia, loss of function in the legs while retaining function in the upper extremities.
• The Lumbar section is the mid-back region just below the ribs. An SCI in this region may result in some loss of function in the hips and legs.
• Sacral section is located behind the pelvis. Sacral nerve injuries also generally result in some loss of function in the hips and legs.

Severity of SCIs

Spinal Cord Injuries are typically categorized as either complete or incomplete. An incomplete SCI means that the ability of the spinal cord to act as the vehicle for conveying messages to and from the brain is not completely lost. This means that after sustaining an incomplete spinal cord injury, one may retain some sensory or motor function below the level of injury.

A complete SCI occurs when nerve damage obstructs all signals coming from the brain to the body below the injury. This means that all feeling (sensory function) and ability to control movement (motor function) are lost below the location of the injury on the spinal cord.

Bulges/Herniation/Radiculopathy

While spinal cord injuries may be severe enough to cause total paralysis, even less severe damage to the spinal cord can affect your quality of life. Additionally, if left untreated, what may have appeared to be minor damage to your spinal cord can exacerbate to a more severe injury.  For example, when a spinal disc is dislocated, it may irritate or put pressure on spinal nerves, leading to a slew of other issues associated with the spinal cord. Common types of spinal disc injuries in include:

Bulging Disc: Spinal discs separate each vertebrae of the spine, acting as a cushion. They have a soft interior with a tougher exterior. They allow spinal nerves to travel from the spinal cord to the limbs. When the outer wall of a disc weakens, the disc “bulges” outward. A bulging disc injury, also referred to as a slipped or protruding disc injury, is suspected when your back pain is aggravated by sitting, bending forward, lifting, coughing or sneezing.

 Herniated Disc: A herniated disc may begin as a “bulging disc.” If the bulging disc is ruptured by pressure, the softer interior of the disc may push through a tear in the tougher exterior, resulting in a herniated disc. A herniated disc can irritate nearby nerves and cause pain, numbness or weakness in an arm or leg.

Radiculopathy: The herniated disc itself may not be painful, but when the herniated disc compresses a nearby nerve, the result may be a “pinched nerve,” or radiculopathy. Radiculopathy can occur in any part of the spine, but is most common in the lower back and neck. Symptoms of radiculopathy depend on the location of the “pinched nerve” and therefore range in severity. Cervical radiculopathy, when one of the nerve roots in your neck is compressed, may cause pain, weakness, or loss of feeling in your shoulder, arm hand or finger. Lumbar radiculopathy, when a nerve in the lower back of your spine is pinched, can cause hip pain, pain in your leg, sexual dysfunction, or paralysis in severe cases.

Signs and Symptoms of Spinal Cord Injury

• Total paralysis
• Partial paralysis
• Radicular Pain/Nerve Root Pain
• Pain and stiffness in the neck, back or lower back
• Numbness, cramping or weakness in the arms, hands, or legs
• Loss of sensation in the feet
• Difficulty with hand coordination
• Loss of bowel or bladder control
• Sexual dysfunction

Treatment:

While spinal cord injuries were once seen as irreparable injuries, advances in the medical field have changed the prognosis for SCIs. There are now both invasive and noninvasive treatments to help restore normal functioning after a spinal cord injury. Surgical procedures on the spine typically fall into two categories: decompression or stabilization.  When the disc presses on a nerve, it may need to be removed in order to decompress the pressure on the nerves. When the vertebrae is misaligned, surgical intervention may be necessary in order to stabilize and restore proper alignment to the spinal cord.

• Laminectomy- Laminectomies are invasive surgical procedures intended to open up space in the spinal canal in order to relieve pressure on a pinched nerve root. Spinal vertebrae each contain two laminae, the back part of a vertebra that covers your spinal canal. When the lamina is damaged, it may pinch a local nerve root in the spinal canal, causing pain, weakness or numbness that can radiate down your arms and legs. During a laminectomy, the laminae are either reduced in size or removed altogether with the goal of enlarging your spinal canal in order to relieve pressure on the spinal cord or nerves.
• Hemi-laminectomy- Similar to a laminectomy, a hemilaminectomy is also a “decompressive” surgical procedure performed in order to alleviate spinal compression. While a laminectomy involves the removal of both lamina from the affected vertebra, hemilaminectomy is less invasive, involving the removal of one of the two laminae of a vertebra.
• Discectomy- Discectomies are surgical procedures used to treat a damaged or herniated disc that is affected by spinal nerve compression. A discectomy is performed in order to remove either a small portion of the disc or the entire disc if it is no longer capable of supporting the surrounding vertebrae. A discectomy can either be an invasive or a minimally invasive procedure. Traditional open back discectomy involves a large incision in the back that cuts through the muscles surrounding the spine. This allows the surgeon to have easier access to the damaged disc. Minimally invasive discectomies involve small incisions on the back and the removal of only the part of the disc that is needed to relieve the pressure on the nerve.   
• Spinal Fusion – Spinal fusion is an invasive surgical procedure intended to permanently connect one or more vertebrae in the spine. Intended to eliminate pain and to improve stability, spinal fusions involve bone grafting, placing bone grafts around the spine in order to properly realign the bones. Metal plates, screws and rods are used to hold the vertebrae together. The body heals the grafts over several months, joining the vertebrae into one piece of bone.
• Epidural Stimulation– Considered to be the most progressive treatment breakthrough for spinal cord injuries, epidural stimulation can be offered to patients with both complete and incomplete spinal cord injuries. Epidural stimulation is the application of an electrical current to specific locations of the spinal cord by means of a device that is implanted over the protective coating of the spinal cord. The electrical currents stimulate nerve cells in the spinal cord and can help spinal cord injury patients regain voluntary and motor functions.

Causes

According to the World Health Organization, up to 90% of spinal cord injuries (SCI) are due to traumatic causes, the majority of which are preventable. Leading causes of spinal cord injuries are auto accidents (31.5%), falls (25.3%), gunshot wounds (10.4%), motorcycle crashes (6.8%) and medical/surgical complications (4.3%) (National SCI Database).

• Motor Vehicle Accidents – The leading cause of spinal cord injuries, motor vehicle accidents may damage the spine by crushing, compressing, dislocating or fracturing one or more of the vertebrae. For example, head-on collisions, rear- end collisions, T-bone crashes, side impact collisions or rollovers may cause spinal cord injuries that result from sudden, traumatic blows to the spine.
• Slip and Fall Accidents – Spinal cord injuries may occur as a result of a property owner’s negligence. One may suffer an SCI from falling on wet or slippery surfaces, falling over objects in obstructed walkways, falling on uneven concrete, or falling at commercial property.
• Nursing Home Negligence – While falls are the second most common cause of spinal cord injuries, they are the leading cause of SCIs after the age of 45, according to the NSCID. The high rate of falls and subsequent SCIs in this population may be the result of negligent care, as many of these falls occur in health care institutions, such as nursing homes. Nursing homes are responsible for the safety of their patients. Yet, when nursing home staff members inadequately monitor patients or fail to respond to requests for assistance, one is at an increased risk of falling and thus sustaining a serious injury, such as an SCI. When a nursing home fails to provide patients with the necessary assistance to ensure their safety, the nursing home may be liable for a resulting SCI.
• Medical Negligence – While the majority of spinal cord injuries are the result of trauma, it is possible that damage to the spinal cord may occur at the hands of a negligent medical provider. Examples of the ways in which medical negligence may cause SCIs include:
  • Misdiagnosis (or failure to diagnose)- growths may originate in the spinal column, or in other organs of the body, which, if left undiagnosed, has the potential to spread to the spine. When a medical provider fails to diagnose a tumor, for example, in a timely manner, the tumor continues to grow. Whether or not a tumor is benign or malignant, it can put pressure on spinal nerves, potentially causing paralysis and other neurological disorders. However, if detected at an early stage, spinal tumors may be removed through surgery or destroyed through radiation.
  • Poor preoperative care – before a surgical procedure involving the spinal cord, certain blood thinning medications should be avoided in order to prevent uncontrollable bleeding during the operation. If a doctor fails to inform you of the need to discontinue such medications, the surgeons may be unable to control your bleeding during the procedure. As a result, your doctor may be liable for neglecting to provide proper preoperative care.
  • Poor postoperative care- when a doctor fails to monitor postoperative blood flow, it is possible that blood clots or hematomas form near the spinal cord, potentially causing paralysis.
• Surgical errors – The spine is extremely fragile, making a surgical procedure on the spine a risky endeavor. Any operation on the spine or near the spine entails the risk of damaging the nerves or spinal cord. However, complications can be avoided if your medical provider adheres to the standard of medical care. When a doctor deviates from accepted medical practice, a spinal corn injury may result from a surgical error. Surgical errors that may cause or exacerbate spinal cord injuries may include:
  • Aggravation of preexisting spinal stenosis during position or surgical approach
  • Inappropriate positioning of instruments
  • Bone graft penetrating or compressing the spinal cord
  • Mechanical, blunt trauma to the spinal cord, sometimes caused by placing a surgical instrument too close to a nerve, accidentally severing a nerve
  • Vascular injury
  • Removal of the wrong disc
  • Improper administration of anesthesia causing damage to the nerves

If you want to lead the best life you can following such a traumatic injury and maximize your chances of recovering damages, SPMC is your best bet. Call Sullivan Papain Block McGrath and Cannavo for a free consultation.

Sources and more information

1. http://www.who.int/mediacentre/news/releases/2013/spinal-cord-injury-20131202/en/
2. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5400194/
3. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3584795/
4. https://www.mayfieldclinic.com/PE-LumDiscectomy.htm
5. https://www.hopkinsmedicine.org/healthlibrary/conditions/nervous_system_disorders/spinal_cord_compression_134,13
6. https://www.mayoclinic.org/tests-procedures/spinal-fusion/about/pac-20384523
7. https://www.spinemd.com/symptoms-conditions/spine-anatomy
8. https://www.spine-health.com/conditions/spine-anatomy/spinal-discs