A spinal cord stimulator is a medical device implanted to manage chronic pain by sending electrical impulses to the spinal cord. An estimated 50,000 spinal cord stimulator procedures are performed in the United States each year, according to a January 2024 American Family Physician blog post.
While it offers relief for some, others have reported serious complications, including burns or electric shocks, device malfunction, worsening pain, or the need for additional surgeries. These effects can lead to numerous lawsuits against manufacturers and healthcare providers.
Filing a claim to receive a spinal cord stimulator workers’ comp settlement must be considered if the device was implanted due to a workplace injury. If the effects happen due to negligence during implantation or postoperative care, you can pursue product liability claims.
Let’s explore the different settlement options available for your claim.
According to law firm Cheney Galluzzi & Howard, LLC, whether it’s a spinal cord injury issue or a spinal cord stimulator claim, it is vital for you to take the proper steps to protect yourself and your claim by retaining the services of a skilled lawyer. Your lawyer can help document your injury and gather as much evidence as needed.
Types of Settlement Options Available
Several settlement options are available for spinal cord stimulator-related claims. One of them is the lump-sum settlement, in which the defendant pays a single amount that covers all medical expenses, lost wages, and pain and suffering.
Structured settlements determine payments over time so that the money will assist in their long-term financial support.
If you are willing to bargain, then mediation may be available, in which a neutral third party will attempt to help you and your opponent reach a negotiated settlement. You can also present your case to an arbitrator, who will decide on binding terms that satisfy the parties.
Their advantages and disadvantages make it worthwhile to first try to figure out what suits your needs and circumstances.
Key Factors Influencing Settlement Amounts
Various factors influence the settlement amounts in spinal cord stimulator claims. Your medical records, including the severity of the case and any pre-treatments, go toward determining the value of the claim. Whether the spinal cord stimulator worked well for you or caused complications also matters.
Settlement amounts also depend on payments for your medical bills, treatment, and rehabilitation services. Think of the emotional and psychological effects of your disability.
Negotiations can also be influenced by the strength of your evidence, expert testimonies, and documentation.
The Role of Legal Representation in Claims
The claim filing for spinal cord stimulus requires legal assistance. An experienced lawyer with these types of claims could help you handle the process much better. Your lawyer can help you gather paper or documentation, properly evaluate the worth of your claim, and then talk to the insurance companies for you.
In preparation for a claim, a lawyer offers you resources and legal advice. This way, you’ll meet all deadlines and be able to follow all legal regulations. Your lawyer can help you relax and focus on recovery by taking some pressure off and increasing your chances of a big settlement.
Steps to Take for a Successful Settlement Process
Before a successful settlement is gotten for your claim, gather all medical records and documents supporting it, such as the treatment plan, physician notes, and any kind of x-rays.
You will then meet with your attorney to learn about your rights and options. Then, the attorney and you will agree on the value of the claim and negotiate accordingly. Be honest about
symptoms and how the spinal cord stimulator affected you. Keep in touch with your attorney and the insurance adjuster.
You should be ready to go to settlement or court if negotiations fail. Being prepared is essential for a settlement to go well.
