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NuVasive MAGEC Rod Lawsuits Guide: What to Do if You or a Family Member Has Been Injured 

By: Anapol Weiss

A NuVasive MAGEC lawsuit can help you get the compensation you deserve after a patient has been injured by complications related to the MAGEC spinal rod system. A popular implantable device that braces the spine as it grows in some pediatric scoliosis patients, the MAGEC Rod is meant to help limit spinal deformities safely and effectively. Unfortunately, the very device meant to help has, in some cases, led to increased pain and suffering, further damage to the body, and rising medical costs as families deal with treating the treatment. Your Philadelphia personal injury lawyer from Anapol Weiss can help you file your claim for damages, collect the evidence you need to build your case, and will fight for your rights to the compensation you deserve.

The NuVasive MAGIC Rod

At the heart of every NuVasive MAGEC lawsuit is a family doing their best to care for a patient struggling with a severe medical condition. Our spine is designed to provide movement in multiple directions by the nature of the structure of the vertebrae and its curvature. Patients with scoliosis have a sideways curvature to the spine which can make movement painful, limit the range of movement, and make the spine prone to injury. Traditional treatment for children with an early diagnosis of scoliosis was the implantation of rods that run parallel to the spine to help support proper growth and limit deformities. Replaced approximately twice a year as the child grows, revision surgeries were expected with this form of treatment, but the MAGEC Rod system offered a way to avoid many of those follow-up surgeries.

Rather than a fixed-length rod, the MAGEC Rod consists of a rod inside a tube which also has a motor controlled by magnets. Once implanted, the patient’s physician can use a magnetic control device to communicate with the magnets in the rod and engage the motor to adjust the length of the rod without the need for revision surgeries. These rods stay in place until the patient grows to the point where the mechanical limits of the rod are no longer sufficient, the spine stops growing which negates the need for the extra support, or complications with the NuVasive MAGEC rod cause a need for removal.

MAGEC Rod Complications And Their Impact

While deemed safe and effective, an increasing number of patients have reported pain and suffering related to their MAGEC Rods. A recent United Kingdom study on explanted rods has found signs of extensive wear. Some patients have experienced broken rods or rod failure. NuVasive itself issued a recall notice for faulty rods from their Model X series that exhibited actuator cap separation in 0.5% of cases after implantation. These can result in a variety of health complications.

  • Metallosis – Caused by the contamination of bodily tissues by metal debris, this is one of the most common complications cited in NuVasive MAGEC lawsuit filings. Even under normal conditions, rods have been found to show extensive wear and seals have leaked. Actuator cap separation actually exposes the inner mechanisms to the body and vice versa, leading to metal wear debris in the tissue and the potential for even more rapid deterioration causing more debris to be created. Metallosis can lead to pain, inflammation, tissue damage, and some tissues can be killed by the condition if left unchecked.

  • Adjustment Pain – The MAGEC Rod is marketed as a way to give developing spines the support they need without the excessive pain of traditional rods and revisions. Unfortunately, that isn’t always the case, as the sensations that accompany a distraction adjustment prove excruciating and debilitating. This can lead to increased recovery time, high levels of anxiety, missed wages by caregivers who are forced to choose between work and caring for their loved one, and a change in the quality of life for patients and their families.

  • Distraction Failure – The support offered by the rods depending on precise adjustments to their length, then staying true to those adjustments until the next distraction appointment. When a rod fails to stay at the proper setting, it can cause additional pain, allow more deviation in spine growth, or lead to further complications.

  • Catastrophic Failure – Broken rods can leave a weakened spine suddenly unsupported. Depending on the break, it can leave metal pieces, other debris, or exhibit sharp edges that can cause tissue damage.

  • Revision Surgeries – Whether due to a failed or broken rod, metallosis, or excessive pain, removal of the rod is sometimes called for, and this can be part of the complications that lead to a NuVasive MAGEC lawsuit. Additional surgeries come with more pain, increased anxiety, and the time away from work for caregivers as their loved one undergoes an unexpected major surgery they thought they were avoiding with a MAGEC Rod system implantation.

What You Can Do To Protect Your Rights

If you or a loved one has been injured by a MAGEC Rod system, you may be entitled to compensation for the medical bills, pain, suffering, and emotional distress you’ve been through. To get started, collect and preserve the documentary evidence you will need to prove your personal injury claim.

  • Medical Records – This can include clinical notes, x-rays, tests, and other direct evidence of the patient’s condition, diagnoses, and responses to therapy. These provide clear and unbiased evidence of the complications and resulting medical care the patient has undergone.

  • Insurance Statements And Medical Bills – These provide a record of the extensive charges incurred in treating the patient, this can include the physician, hospitals, therapists, pharmacies, and medical transportation or durable goods companies that have provided services they billed for.

  • Personal Impact Documentation – Contemporaneous documentation of the patients physical pain, mental state, and the impact they’re experiencing on their life and the lives of those around them can be powerful evidence of both the injuries they’re suffering and the extent of those injuries.

  • Evidence Of Lost Work And Wages – With the majority of patients in NuVasive MAGEC lawsuit cases being children, their parents often must provide an even higher level of care to support their health, meaning more time away from work for doctor visits, therapy sessions, and at-home care during recuperation.

Working With Your Personal Injury Lawyer

When you contact your personal injury lawyer, it will start with a free consultation about your case. While every NuVasive MAGEC lawsuit is different, some may be better situated as part of a class action or mass tort proceeding. These cases relate to large scale claims associated with similar complaints across a range of plaintiffs where the primary details of the case are essentially the same. An example would be those patients impacted by the recent MAGEC Rod recall. A mass tort proceeding or class action suit could be your best opportunity to get the compensation you’re owed, but not all MAGEC Rod complications result from devices covered by this recall.

For complications and injuries that don’t fit under the umbrella of a larger mass claim, an individual NuVasive MAGEC lawsuit can still work to get the financial help needed to cover medical bills, lost wages, and pain and suffering while your child works to recover. Your lawyer will talk to you about the evidence you’ve collected, other evidence that may help document your claim, the damages, or both. Your attorney will also help you understand your options moving forward, the likely process in your particular situation, and may be able to help you work with physicians or medical providers who are demanding payment up front you don’t have.

Once a case is accepted, it becomes our cause. As your legal representative in a NuVasive MAGEC lawsuit, your lawyer will negotiate your claim with the manufacturer on your behalf. This helps protect your rights as you work toward a settlement that gets you the money you need. If an offer is made, they’ll talk to you about how it matches up with your potential results and what your legal choices are. If your case goes to court, your attorney will argue on your behalf, presenting your evidence and structuring the presentation to show the court how the MAGEC Rod led directly to the patient’s complications, how the complications impacted their health and livelihood, and why the manufacturer is responsible for compensating you for the damages resulting from those complications.

We have experienced attorneys in both individual personal injury cases and mass tort filings, giving you access to the knowledge you need to make better legal decisions about your future. Get your free consultation on a NuVasive MAGEC lawsuit from Anapol Weiss today.