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iSpine Discuss Out of Options and very depressed... in the Main forums forums; Originally Posted by mmglobal Litigation exclusion is to remove 'secondary gain' patients who may benefit more from a poor outcome. ...

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Old 01-21-2009, 02:29 AM
Kathy's Avatar
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Quote:
Originally Posted by mmglobal View Post
Litigation exclusion is to remove 'secondary gain' patients who may benefit more from a poor outcome.

I don't understand how a case that is not pending puts you into an exclusion category???

I just checked Axiomed's website. They list any previous or current litigation related to spine. Was your litigation related specifically to your spine?
Yes, it was for the T and C spine, not even the L spine. They wouldn't cover the L spine, because I was in a second accident. They said the second accident caused the L spine and since my idiot dr's didn't do an L spine MRI until after the second accident, there wasn't much too argue.

It sucks, I don't even care about the money, I just want to be better. Sad thing is, the little bit of money I got, just barely paid my out of pocket costs. No reprucussions for ruining someone's life.
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34 years old-
1/06- In wreck with 18 wheeler
Numerous MRI's, PT, chiropractic, accupuncture, TENS therapy, massage therapy, facet injections, epidural injections, Nerve study, Discogram, confirms pain in L4/5, IDET, decompression, Bi-lateral neurotomy L3/4/5, denied by insurance twice, in Active L clinical trial, had surgery March 17, 2009 in Miami, FL- received Active L disc
Had Baby #3 after ADR!
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Old 01-21-2009, 02:46 AM
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I agree Kathy--forget the freaking money, I want a new spine. I was awarded a settlement for my 2nd MVA and it didn't even cover my out of pocket expenses.

It's amazing how fast morons in cars can completely change your life--for the worst.

Quote:
Originally Posted by Kathy Earhart View Post
Yes, it was for the T and C spine, not even the L spine. They wouldn't cover the L spine, because I was in a second accident. They said the second accident caused the L spine and since my idiot dr's didn't do an L spine MRI until after the second accident, there wasn't much too argue.

It sucks, I don't even care about the money, I just want to be better. Sad thing is, the little bit of money I got, just barely paid my out of pocket costs. No reprucussions for ruining someone's life.
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-Justin
1994 Football Injury
1997 Snow Skiing Injury
Laminotomy L4/L5 (3.7.97--17 years old)
1999 & 2003 MVA (not at fault both times)
Grade V Tears L4/L5 & L5/L6
2-Level ProDisc® L4/L5 & L5/L6* *lumbosacral transitional vertebra (11.15.03--23 years old)
Dr. Rudolf Bertagnoli -- dr-bertagnoli.com
Pain-free for the last 4.5 yrs.
5.14.09 DSS with Dr. B.
I'm here to help. Only checking PMs currently.
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Old 01-21-2009, 04:35 AM
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Kathy,
I am so sorry for your denial. I know this may not make you feel any better but I've had two friends who have fused the L5-S1 discs and they did extremely well. I hope that you can find a trial to be in and I don't understand the litigation thing because it was from your accident. I wonder if they have a compassionate side and you can still get the disc. I do believe in fate and sometimes things happen for a reason. Maybe you will get a better disc or surgery? I hope you can be out of pain soon.
Phylly
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Cervical fusion C4-6 March 2002
Fall on tailbone causing sciatica and back pain April 05
Conservative Treatment and PM for 2 years
Discogram concordant pain @L4-S1 Aug. 07
Prodisc ADR's at L4-S1 November 2007
Foraminotomy July 08 for Sciatica
Continued problems and back pain worsened
Prodiscs removed and discs fused at L4-S1 Feb. 09
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Old 01-21-2009, 05:15 AM
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Kathy, what about other ADR trials with other doctors across the US? I wonder if all of the trials list the litigation as an exclusion criteria?

Also, might you be willing to reconsider Fibrin? Linda on the other board said that 80% are getting long term relief with the fibrin sealant. She only got worse again (5 months later) cause she has a super messed up spine (6 previous surgeries with misplaced ADR's) I can get you the ph# of the person that is running the fibrin trials at Dr Pauzin's office in tyler. This fibrin looks like it could be the "REAL DEAL". Linda swears by it. Why not try it if you are out of other options? I think you should. Im still reconsidering it. My risk is that if I am one of those it doesnt work on, Ill have to spend $25K to go to germany to get the ADR done. As it is now, my Aetna will pay for ADR but I have to decide soon as my Aetna runs out in Feb 28th. The cervical ADR's seem to very successful so I am still leaning towards ADR as a long term fix rather than gambling on fibrin working. Also, if I need revision surgery later, cervical revisions are easy. Lumbar revisions are life threatening! So, if I was you, Id try the fibrin. WHy not? You can fuse later if it doesnt work, right'
? Anyways, they told me to send my discogram results to tyler if I am interested. It wont cost you very much from what I was told by the lady running it. ($3000 I think)
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Old 01-21-2009, 07:41 AM
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Oh Kathy, I'm so sorry to hear that. Justin's right, don't make any decisions while you're emotional. Just *breathe* for a while and take stock.
Easier said than done, I know, but you still have choices so at least there's that to be thankful for.

Wish I had something more to offer. So sorry.
Take care,
Adrienne
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Old 01-21-2009, 10:35 AM
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Kathy, you have been given so much good advice, I can hardly give more. Just know that we are all pulling for you. I am really not getting that litigation clause either. Sounds like they think you're trigger happy, and don't want to chance you might sue them after surgery on your back. It's just nonsense. I went into a serious depression after my 3rd appeal was denied. We do get how rough these waters are to tread. So please hang in there. And like others said, don't make any big decisions till things calm down. God bless!

Cindylou
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bicycle accident 6/01: 2 compression fractures @ T12-L1; vertibroplasty; 4/06: right hip labral tear & arthroscopic repair; 4/07: lumbar prodiscs @ 3 levels, L3-6 by Dr. Bertagnoli; 7/02/08: ALIF L6-S1; 7/30/08: reopened to remove bone cement, leaked onto S1 nerve root; 8/08: pulmonary embolism, double pneumonia, collapsed left lung, pleurisy, pleural effusion; ALIF fusion complete; 3/10/09: SI Joint Fusion by Dr. Stark; Jury still out.
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