There is new hope on the horizon for those with a spinal cord injury, following a new trial of spinal cord electrical stimulation for arm and hand function. This appears a potentially significant step forward but when may this become relevant for legal claims?
Spinal cord injuries can be life changing. While people often associate such injuries with losing the ability to walk, the reality is that the paralysis caused may affect all limbs as well as many functions of the body (temperature control, sensation, bladder and bowel function). For many, the greatest difficulty comes with not being able to use fully their arms and hands.
An injury in the lower spinal cord may affect only a person’s lower body and legs (paraplegia) but an injury higher in the spine can cause paralysis in most of the body (tetraplegia or quadriplegia). Now the outcome of an international trial suggests that a treatment called ARC-EX therapy, which involves stimulation with electrical pulses, can improve arm and hand function in those with chronic spinal cord injuries – providing significant increases to their overall wellbeing.
The trial, called Up-LIFT, reported in the journal Nature Medicine, revealed that more than 70 percent of participants found improvements in strength and function in the hands and arms. ARC-EX therapy consists of delivering electrical stimulation to the cervical spinal cord using a device that is worn externally and which involves placing electrodes on the skin above and below the injury.
Improvements in movement and dexterity in someone’s arms and hands could have a great impact on their functional independence – potentially controlling a wheelchair or feeding independently – as well as increasing social participation. Such advances are a potential significant step forward. The ARC-EX therapy device could be approved in the US this year and thereafter in Europe, bringing fresh hope for those with cervical spinal injuries.
In addition to this, recent research from scientists at the University of Birmingham, published in the journal Bioengineering and Translational Medicine, has found that nerve connections may be able to be repaired using red and near-infrared light. This can deliver significant restoration of sensation and movement.
High costs barrier with new technologies?
New technologies for those suffering with spinal cord injuries are always evolving. From a legal perspective, the challenge can be securing access to these for clients. It can often be difficult and take a long time for new developments to become available through the NHS. Nonetheless, once approved and licensed, new technologies can usually be obtained privately. However, those bringing legal claims for personal injury or medical negligence who are seeking to include such treatments face significant hurdles. No more so than proving that the treatment is reasonable. To do this expert evidence to support its use must be obtained from a practitioner in the relevant field. Even so, a consideration for a Court will be the benefit of the treatment compared to its cost.
Kingsley Napley LLP fights hard to obtain funds for the best available treatments. Those defending claims often object to the inclusion of new and expensive technologies. The more established a treatment becomes and the more research that is available concerning its effectiveness, the more likely it is that it can be successfully claimed within a legal case.
Sources of Support
There are charities offering help and guidance for spinal cord injured individuals, including Back Up and The Spinal Injuries Association. The Kingsley Napley Medical Negligence and Personal Injury Team are proud to sponsor the Family Team at Back Up who offer vital support to family members.
Legal claims
If you or a loved one has suffered a spinal cord injury as a result of an accident or medical negligence and wish to consider a claim for compensation, please contact our sensitive and friendly team for a no obligation discussion. Further information about spinal injury cases, what compensation can be claimed, the process and time limits can be found on our Spinal Injury Claims webpage.
Further information
If you have any questions regarding this blog, please contact Richard Lodge in our Medical Negligence and Personal Injury team.
About the author
Richard Lodge is a Partner in the Medical Negligence and Personal Injury practice and has been recognised within the field of clinical/medical negligence in both the Chambers UK and Legal 500 directories. He is an individually ranked lawyer for clinical negligence within Chambers UK, A Client’s Guide to the UK Legal Profession. Richard is accredited for clinical negligence work by Law Society and by the charity Action Against Medical Accidents (AvMA).
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