If your loved one has been injured by complications related to the MAGEC spinal rod system, a NuVasive MAGEC lawsuit may help you receive the compensation you deserve. The MAGEC rod works by limiting spinal deformities effectively and safely. Unfortunately, the devices meant to help have sometimes resulted in damages to the body tissues, increased pain and suffering, and higher medical expenses for the families seeking the treatment. The good news is you may join a mass tort and seek your compensation. You want to work with an aggressive defective medical device attorney to help you obtain fair compensation.
At Consumer Alert Now, we are here to help you claim the right compensation you deserve. We will examine your case, collect the evidence, build your case and fight for the compensation you deserve. We understand the pain and suffering your loved one is undergoing because of the complications resulting from the medical devices. Don’t hesitate to call our defective product lawyers right away when you experience these complications.
Understanding MAGEC Rods?
NuVasive MAGEC Rods involves surgical treatment for patients, mainly children suffering from spinal deformities. The surgery involves implantable rods, which come with a remote for bracing the child’s spine while they’re growing and minimize the growth of scoliosis.
For decades, traditional rods were common for treating children with great spinal curves, which couldn’t be controlled through casting or bracing. While the effectiveness of managing the child's scoliosis, the surgeon must conduct repeated surgeries to keep noticing the growth. So, many children will require more than ten spinal surgeries before they reach skeletal maturity or final surgery.
Just like the traditional rods, the surgeons implant the Nuvasive MAGEC Rods. But the MAGEC Rods are expanded, and no further surgery is required. Instead, Nuvasive MAGEC Rods are lengthened after around six months. The procedure will take a short period in your doctor's office. Primarily, the surgeon will place two Nuvasive MAGEC rods one on the left and the other on the right side of the child’s spine. They are adjusted separately.
In 2014, the American FDA allowed the MAGEC spinal bracing and distraction system in children who are skeletally immature and have progressive spinal deformities with risk of developing the thoracic syndrome.
The MAGEC rods aren’t good for all children having serious deformities. Also, they aren’t preferable for too young children. The MaAGEC also may not be effective to lengthen stiff curves. Thus many surgeons rarely carry out conversion operations. The procedure depends on the size, age among other factors. If the child has early scoliosis or any other related condition, the doctor will more likely discuss a different treatment option.
Who Is The Right Candidate for MAGEC Rods?
Not every child is the right candidate for Nuvasive MAGEC spinal Rods system. You want to work with a well-trained surgeon before your child undergoes the procedure. Remember, every medical procedure has side effects that may worsen when an unskilled surgeon performs it. Your child must meet the following criteria:
- The child should not be skeletally mature and should have significant bone growth remaining.
- The child should have great, growing scoliosis(recognised as idiopathic scoliosis or early-onset scoliosis)
Based on the age of the child and their development, the doctor will carry out several types of research to determine the level of growth remaining in your child, including:
- For the girls, they will ask whether menstrual has begun.
- Perform an X-ray on the child’s wrist, fingers, and hand, to help the doctor assess the level of maturity of the child's skeletal system.
- Assess the stage of child’s bone formation
During the child’s evaluation, the doctor will perform a physical examination and take the child’s medical history. They will also perform imaging tests to measure the level of curvature, the exact part of the spine affected, and then proceed with the procedure. The imaging test will involve:
- X-rays to produce the images of the bones
- EOS imaging to produce three-dimensional modules collected from two images to show the child's spine
The doctor may use an MRI to assess the spinal cord and the spine nerves for the younger children. The nerves might be abnormal in a younger child with scoliosis. The MRI applies a mixture of larger magnets, computers, and radio frequencies to produce a detailed image of the body's tissues, organs, and any other structure. During the MRI, your child will be exposed to no radiation. It's always recommended you consult your caregiver in all steps they opt to carry out on your child.
For the older children, the doctor may order extra X-rays. The X-ray will be conducted on the hip and hand to determine whether the child will need a growth solution to maintain the condition until they achieve skeletal maturity. After the child finishes growing, the doctor may recommend another treatment for scoliosis.
How is the Procedure Performed?
The surgeons carry out the procedure for MAGEC Rod implant in phases. First, the patient will prepare for the surgery, attend the real surgery and have a recovery phase as discussed below:
Before the child undergoes the procedure, an anesthesiologist will evaluate the child. You will arrive with the child on the morning of the surgery at the hospital they are admitted to. You may remain with the child until they are ready to go for the surgery. The surgeon will use general anaesthesia.
What Happens During the Surgery?
The Nuvasive MAGEC Rod surgery is conducted by a certified orthopaedic surgeon with special training and experience in treating a child’s spinal deformities. After the surgeon applies the anaesthesia to the child, the surgeon accesses the child's spine from the back. Mostly, the surgeon will insert two MAGEC Rods on either side of the spine. The rods will be secured to the child's ribs or spine by medical-surgical hooks. In other cases, the surgeon will attach the MAGEC rod to the child's pelvis. The surgeon attaches the rods on two spots “below and above the curve” to hold up the child's spine as they grow and minimize scoliosis progression.
The titanium rods come with a magnetic section. During the child's follow-up procedures, the surgeon will use a remote to control the component /rods in the child without carrying out additional surgery. The doctor cannot over-expand the rods. Based on the child's condition and size, the surgeon will take between one and three hours to complete the surgery.
What to You Should Expect After the MAGEC Rod Surgery
After undergoing surgery, the surgeon will send the child to a pediatric intensive care unit or orthopaedic floor, depending on the anaesthesia team recommendation. You will reunite the child after a short period.
Within the surgery day, the child will walk out of their bed with the help of a therapist or a nurse. The doctor will administer IV pain medication until the child can drink and eat, next the doctor will allow the child to use oral pain medication. Before the doctor discharges the child, they check their incision, redress, and take an ultrasound or an X-ray to ensure the implants are stable. Many surgeons will recommend you go home with the child after two to three days. Remember to follow the doctor's prescriptions for the smooth recovery of your child.
Your child may go home walking, and they will be in a position to conduct their regular activities. Based on the recovery, your child may go to school four weeks after the procedure. After around six weeks, you may return the child to the initial hospital for evaluation. During the evaluation, the pediatric spine surgeon will:
- Examine the child’s incision to ensure it's properly healing.
- Review new ultrasounds or X-rays. The X-rays will ensure the surgeon correctly positions the MAGIC implants.
Many children may resume normal activities after the visit, and the surgeon allows them to participate in sports. The surgeon will not impose any major restrictions on the child's daily activities. However, their parents are encouraged to ensure the children avoid duties or activities which pose a great risk of injury like bungee jumping or trampolines.
NuVasive MaGEC Rod Complications
Although the treatment is deemed effective and safe, many patients have reported suffering and pain associated with the devices. Recent research has shown many signs of wear. Other patients have experienced rod failure or broken rods. NuVasive themselves has issued a recall notice for faulty rods associated with the model X series, showing cap separation after the implantation. Thus the patients have experienced health complications. The complications also vary from a patient to the other. The common health issues experienced include:
The problem results from contamination of the body tissues by the metal debris. The NuVasive MAGEC rods have shown leakages on the seals and extensive wear. Thus the actuator cap exposes the inner mechanism, thus leading to metal wear in the tissues. Metallosis results in pain, tissue damages, inflammation, and other tissues may die when the condition is unattended. Thus report to your caregiver as soon as you experience the above signs. The earlier you detect and report the symptoms, the earlier you will receive medical help.
Distraction failure is another common complication associated with MAGEC rods. The rods offer support depending on the precise adjustment to their length to stay adjusted to the next distraction appointment. When the rod fails to remain at its proper position, it may attract additional pain allowing deviation at the spine growth, thus leading to more complications. Thus report the symptoms to your doctor as earlier as possible to avoid further complications.
The MAGEC rods are prepared to give the spine the support they need without additional pain. But, that isn’t always the case since the sensation accompanied by the distraction adjustment proves debilitating and excruciating. The condition may lead to high levels of anxiety, increased recovery period, missed wages by those who prefer to spend their time caring for their loved ones, and change in the quality of life for both families and their patients. The patients usually experience different levels of pain resulting from the MAGIC cord complications.
Sometimes the doctor may recall surgery after the patients experience broken rods, excess pain, or failed rods. The revision surgeries come with increased anxiety, increased recovery time, and your time. The recovery surgeries will also vary from one patient to the other.
Catastrophic failure is the last common complication associated with MAGEC Rods. The broken rods may have weakened the spine unsupported. Based on how the rods break, they may leave metal pieces; debris, sharp edges attract tissue damages.
Essential Records to Keep
If the Nuvasive MAGEC Rod system has injured your child, you will be entitled to compensation for suffering, pain, emotional distress, and medical bills. To smoothen the legal process, you should collect and preserve the evidence you require to prove your claim. Remember evidence will determine the amount of compensation you will receive after the case. The documentary evidence includes:
They include X-rays, tests, clinical notes, among other direct evidence for the child's diagnosis and condition. This evidence will provide clear and unbiased evidence the patient has undergone. Discuss with your defective product attorney to ensure you don’t leave any medical record evidence out.
Evidence of Lost Wages and Work
Remember, many of the patients of the Nuvasive MAGEC rod system are children. Thus their parents must provide a higher level of care to them. It means the parents will spend much time with their children visiting the doctors and attending therapy sessions. Also, the parents may lose their jobs permanently since they are committed to their child's health. Ensure to produce any records of work suspension because of the child's health issues.
Personal Impact Documentation
The patient's documentation on physical pain, mental state, or the effects they are experiencing on their lives or the lives of those around them may be strong evidence for both the injuries they’re facing and the extent of the injuries.
They provide records of the extent of the charges incurred during the treatment, which include: medical transportation, pharmacies, physicians, hospitals, and therapists. Produce any relevant evidence and statement to your defective products attorney.
How to Join a Mass Tort to File a Lawsuit Against NuVasive MAGEC Rods
Recently, NuVasive themselves had a recall for MAGEC Rods that were prone to wear and breakage. Also, as mentioned above, many MAGEC rods have been associated with immediate wear and failure. As a result, it is recommended you join a mass tort to help you and other patients receive fair compensation for the harm suffered due to Nuvasive MAGEC Rods. Joining a mass tort may not be easy since it requires a series of procedures before the court grants it. Thus, work closely with a legal expert versed in mass torts for defective medical instruments.
The first critical step about joining a mass tort suit against MAGEC Rods is conducting a consultation discussion with your defective product attorney to assess the case and help you know whether you are eligible for the suit. The attorney will also help you know where to begin, what to do and what to avoid during the legal process.
The attorney will recommend you provide details about when you first began to experience the severe symptoms from the MAGEC rods implants. Mention the hospital where your child received the surgery to help the attorney collect evidence from medical experts when the suit begins.
After meeting your attorney, they will direct you to take X-rays to gather certified details about the rods' side effects. Taking the X-rays is important since it will serve as evidence to prove the link between the medical device and its consumption. After receiving the results, the attorney will then proceed to apply for class certification for you. Before joining the mass tort, you will require a certificate. The jury or presiding judge will examine your case and verify whether your suit should proceed to the trial.
When your case and others make it to the trial stage, the normal court process will begin. Every victim will have an opportunity to present their case since the MAGEC Rods will affect the patients differently. Working with your lawyer is highly recommended because the court will require strong proof about the medical device allegations.
Your team of legal experts will also work extra hard to provide various evidence, including testimonies and medical records. In collecting the evidence, your attorney should focus on establishing a link between your medical complications.
The Compensatory Claim You Will Include in Your Mass Tort
Before your case proceeds to trial, the court will expect you to present a comprehensive overview of the compensation claims depending on the severity of your complications. Remember, you will only receive compensation for the attached injuries. Thus if you forget to attach a certain injury claim, you will not receive compensation. That’s why you should always involve your defective products attorney to help you attach all the injuries sustained. You may include the following claims in your suit:
Lost Income and Earning Capacity
As discussed above, most patients in the Nuvasive MAGEC rod system are children. It means their parents will spend much time with them, thus leaving their jobs. So, as a parent, you will have a limited working capacity. Thus as a parent, you must receive compensation for the lost income and working capacity. Thus the defendant will compensate for the inconveniences caused by the NuVasive MAGEC rods since your child would otherwise have evaded the medical complications.
Usually, you will undergo several consultations and therapy sessions to control infections and disorders caused by the defective MAGEC rods. For instance, when you have MAGEC Rod failure, you will require to undergo a new implant. Remember, the new implant will come with medical bills, which you need to include in your compensation claim.
Pain and Suffering
As mentioned above, one of the common risks of Nuvasive MAGEC rods is the child will experience much pain. Under the laws, you have a right to receive compensation for the pain and suffering experienced throughout the recovery process. Also, your loved ones or you may undergo irreversible changes, which will cause psychological stress. Thus the defendant will become responsible for compensating the suffered pain and suffering.
Due to unfavourable conditions, the patient may succumb because of the severe complications experienced. So, after you lose your loved one due to defective Nuvasive MAGEC Rods, you want to work closely with your defective products attorney and seek compensation for the wrongful death. Include financial support and consortium when your loved one was alive.
The Benefits of Joining a Mass Tort
To receive compensation for the injuries suffered due to the MAGEC Rods complications, you will need to join a mass tort. The mass tort will collect a group of patients with common claims to seek compensation. Joining a mass tort comes with several benefits, which include:
The Plaintiffs Share Evidence Collected in Pre-Trial Proceedings
Under a mass tort, one attorney or group of attorneys represent the harmed people in the lawsuit. The evidence, resources, and details gathered in the pre-trial are pulled together and shared by the plaintiffs. Joining the mass tort will also speed up the litigation process, thus ensuring all the plaintiffs obtain the compensation they deserve.
The Plaintiffs Have the Chance to Receive Huge Payouts
Under the mass tort, the compensation is awarded as per the victim's level of injuries. Thus, the court will award you higher compensation amounts for your pain and suffering, medical bills, and lost incomes when you sustained severe injuries.
Contact a Defective Product Legal Expert Near Me
If your loved one suffered complications due to the MAGEC spinal Rod system, the situation might be challenging. However, the law allows you to seek compensation for the sustained injuries and complications. The manufacturing companies for the medical devices must ensure they observe high standards while manufacturing, supplying, and caring for the medical devices.
When seeking a settlement for the sustained injuries, it is recommended you join a mass tort for a first and stress-free legal process. Again, as mentioned above, always work closely with your defective medical device lawyer to pave the way for a smooth litigation process. Our legal experts at Consumer Alert Now are here to help you with the legal help you deserve after facing injuries due to Nuvasive MAGEC Rod devices. Call our legal professionals at 800-511-0747, and we will begin working on our case immediately.