Spinal fusion surgery has a 17% complication rate, including infections and, in rare cases, nerve damage.
Ms Pate claims she underwent a spinal fusion operation and has not been able to work since the accident in January 2009.
Other studies have shown that expensive spinal fusion surgery, when done for degenerated discs, may be no better than a good rehab program.
FORBES: Medtronic's Back Surgery Woes Worse Than People Think
Spinal fusion surgery is a last-ditch treatment for severe back pain.
Few studies have compared exercise to drug treatment, but two randomized trials have shown that vigorous exercise combined with cognitive treatment is just as good as spinal fusion surgery, with fewer complications.
It is used instead of taking bone from the hip in spinal fusion surgeries in which extra bone is added to the spine to fuse parts of the back together, stabilizing it.
FORBES: Medical Journal Slams Medtronic Over Payments To Doctors
Infuse, Medtronic's spinal fusion device, was the first and only device to get what is called a new technology add-on payment, meaning that doctors could get extra money from Medicare to pay for it.
It obtained some data showing how back surgeons who get big royalties from Medtronic and other companies just happen to be working at some of the same hospitals where doctors are performing controversial spinal fusion surgeries like crazy.
FORBES: Medtronic's Back Surgery Woes Worse Than People Think
Medtronic 's ( MDT - news - people ) spine surgery business is dominated by a procedure called spinal fusion, in which two of the segments of the backbone, called vertebrae, are fused together using metal rods and cages, bone taken from elsewhere in the body, and protein drugs that stimulate bone growth.
One vastly overused procedure is fusion surgery for back pain blamed on degenerated spinal discs.
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