Spinal Hardware & Fusion Cage Failure

Spinal fusion uses screws, rods, plates and cages to hold vertebrae still while bone heals them together. Sometimes hardware breaks, a cage moves or the fusion never heals, and another surgery is needed. Those problems have many possible causes. A spinal implant lawyer looks at the specific components, the imaging over time and what a revision surgery found.

What spinal hardware does

Spinal fusion joins two or more vertebrae so they heal into one solid bone. Every fusion uses bone graft material to help that healing1. Hardware holds the spine still while the bone grows:

• Screws, rods and plates, which hold the vertebrae in position1
• Interbody cages or spacers, placed between vertebrae to restore the height of the disk space
• Instruments, such as inserters, used to place the implants during surgery

Fusion depends on bone healing. The hardware is meant to be a temporary brace until that happens, but it usually stays in place.

Hardware failure versus failed fusion

Sometimes fusion doesn't form a solid bone. Doctors call this pseudarthrosis, or nonunion. The AAOS lists smoking, diabetes, older age and moving too soon as factors, and says a second surgery may be needed1. Other risks of fusion include infection, bleeding, nerve or blood vessel injury, blood clots and a return of the original symptoms1.

When a screw or rod breaks, the question is often which came first. Hardware can break because the fusion never healed and the metal kept bending, or a component may have been flawed. A cage can settle into the bone (subsidence) or shift out of place. Each of these has several possible causes, and none of them alone proves a defective product.

Instrument recalls are different from implant failures

A recall may involve the tools used during surgery rather than the implant left in the body. In April 2026, Novapproach Spine began a Class II recall of certain OneLIF interbody cages because the straight inserter failed to properly attach to affected cages. The FDA's recall record says this could cause a delay during the procedure or the need to choose a different implant. The company asked customers to return affected devices; 1,259 units were in commerce2.

That recall concerns engaging the cage during surgery. It doesn't say implanted cages later fail. A review of any instrument recall asks whether the problem actually occurred during your surgery and what happened as a result.

Who may have a spinal hardware claim

• Revision surgery to replace broken or displaced hardware
• Imaging showing a fractured screw or rod, or a displaced cage
• New nerve symptoms after a hardware problem
• A recalled implant or instrument used in your surgery, with a related complication
• Lasting pain or limits documented after hardware failure

Spinal cord stimulators are electrical devices, covered separately: spinal cord stimulator failures.

Who may be responsible

An investigation may look at the makers of each implant and instrument, based on the implant log, recalls and revision findings. Surgical planning and technique are separate medical malpractice questions.

Filing deadlines for spinal hardware lawsuits

Deadlines depend on your state and on when you learned of the failure and its possible cause. Examples:

• Arizona: generally two years for personal injury and wrongful death3.
• California: two years for injury to or death of a person caused by another's wrongful act or neglect4.
• New York: three years for personal injury5, with a separate rule that runs from discovery for injuries caused by the latent effects of exposure to a substance in the body6.
• Texas: two years for personal injury and wrongful death7, and most product liability claims must be brought within 15 years of the product's sale8.

When the clock starts can depend on when a person knew, or should have known, about the injury and its possible cause. Rules for minors, wrongful death and claims against public hospitals can differ. A device that was part of an earlier settlement can raise its own questions. Ask a medical device attorney to check the rules for your state early, before records are lost.

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Records that help a spinal hardware review

Records worth gathering

Surgery

• Operative report with spinal levels and approach
• Implant log for every screw, rod, plate and cage
• Instruments used, if listed

Follow-up

• X-rays and CT scans over time
• Notes on fusion status
• Neurologic exams

Revision

• Revision operative report
• Recall letters

What happens after you contact CBW Law

How a review works

1. Tell us what happened

   Share what you remember about the hardware, the problem and the treatment that followed. You do not need every record first.

2. We identify the device

   We work to confirm the maker, model and lot or serial number, and whether any recall or safety notice covers it.

3. We gather records

   With your permission, we request operative reports, imaging, device data and other records from your providers.

4. We explain what we see

   We tell you what the records show, what questions remain and what options may be open, including deadlines.

Broken hardware or a failed fusion is not, by itself, proof of a defective product. The timeline and the revision findings come first.

Plain English

Medical, Health & Insurance

Terms you may see in a spinal hardware case.

Hardware

Pedicle screw

A screw placed into a vertebra to anchor rods.

Interbody cage

A spacer placed between vertebrae to restore disk height1.

Problems

Pseudarthrosis

A fusion that did not heal into solid bone.

Subsidence

A cage sinking into the bone of the vertebra.

Radiculopathy

Pain, numbness or weakness from a pinched nerve root.

Procedures

Revision fusion

A repeat surgery to fix a failed fusion or hardware.

Questions

Spinal hardware lawsuit questions

Short answers to the questions people ask first.

Does broken spinal hardware prove a defect?

No. Hardware can break when a fusion doesn't heal. A spinal hardware lawyer looks at the timeline and what revision surgery found.

What is pseudarthrosis?

A fusion that didn't form solid bone. Smoking, diabetes, older age and moving too soon are among the risk factors.

Was the recalled item an implant or an instrument?

The recall record says. The OneLIF recall, for example, involved an inserter failing to attach to cages during surgery.

Why does fusion status matter?

It helps show whether hardware broke because the bone never healed or for another reason.

Do I need a spinal hardware attorney if I had revision surgery?

A revision report is key evidence. A spinal hardware attorney can review it with your imaging.

Are bone graft products covered here?

Bone graft products raise different questions and are reviewed separately.

How long do I have to file a spinal hardware lawsuit?

It depends on your state and on when you learned of the failure and its possible cause.

Should I have my hardware removed?

That is a medical decision for you and your spine surgeon.

What records matter most?

The implant log, imaging over time and any revision report.

What does it cost to contact CBW Law?

Telling us your story costs nothing, and contacting us does not create an attorney-client relationship.

Tell Us Your Story

If your spinal hardware failed and you needed more treatment, a spinal implant attorney can review what happened.

Tell us what happened. CBW Law will review your information and explain what we see. Submitting information does not establish an attorney-client relationship or guarantee representation.

Tell Us Your Story →Call (800) 476-2416

This page is general information about spinal hardware and fusion cage failure. It is not legal or medical advice and does not create an attorney-client relationship. Broken hardware, a failed fusion or a recall does not, by itself, establish that a product was defective or that anyone is legally responsible. Laws and deadlines differ by state, and no outcome can be promised.