Alphatec Spine Lawsuit Alleges Defective Pedicle Screw Broke During Spinal Fusion Surgery

Claim joins a number of similar pedicle screw lawsuits filed, involving allegations that defective spinal implants fractured or loosened after implantation, leading to additional surgeries and complications.

An Illinois man has filed an Alphatec Spine lawsuit alleging a defectively designed pedicle screw fractured, leaving part of the implant lodged in his spine and requiring a second operation days later to remove the broken hardware.

The complaint (PDF) was originally brought last year by Matthew Gaughan in Illinois Circuit Court. However, the case was removed to the U.S. District Court for the Northern District of Illinois on July 20, 2026, after medical malpractice claims being pursued against Rush University Medical Center were dismissed, leaving Alphatec Spine as the sole defendant.

The remaining product liability claims allege that Alphatec negligently designed, manufactured, tested and inspected the pedicle screw, and failed to adequately warn surgeons and patients about the risk that the implant could fracture during normal use. 

Pedicle Screw Lawsuits

Pedicle screws are specialized metal implants used to stabilize the spine during spinal fusion surgery. Typically made from titanium or other high-strength alloys, the screws are inserted into the vertebrae and connected with rods to hold the spine in proper alignment while bone grafts fuse the affected vertebrae into a single, stable structure.

Spinal fusion procedures are commonly performed to treat degenerative disc disease, spinal stenosis, scoliosis, herniated discs, spondylolisthesis and other conditions that cause chronic pain or spinal instability. By eliminating movement between damaged vertebrae, the surgery is intended to reduce pain, relieve pressure on nearby nerves and restore stability.

During the operation, surgeons place the screws through the pedicles, which are thick sections of bone that provide secure fixation within each vertebra. Once connected by rods, the hardware is designed to withstand the stresses of normal daily activities while the fusion process occurs over the following months, and in many cases is intended to remain in the body permanently.

However, a number of pedicle screw lawsuits have been filed against certain manufacturers, involving allegations that certain implants may be prone to fracture, loosen or otherwise fail, forcing plaintiffs them to undergo painful revision surgeries. Those additional procedures can expose individuals to increased risks of infection, nerve damage, prolonged recovery and permanent impairment.

Alphatec Spine Lawsuit Allegations

According to the lawsuit against Alphatec, Gaughan underwent spinal fusion surgery at Rush University Medical Center for the treatment of L2-3 degenerative spondylolisthesis, spinal stenosis at L2-3 and neuromuscular scoliosis secondary to cerebral palsy on November 22, 2023. During the procedure, surgeons implanted Gaughan with an Alphatec pedicle screw system to stabilize his spine.

However, post-operative X-rays allegedly revealed part of the pedicle screw fractured during the procedure, leaving a broken piece of the implant retained inside his body.

Five days later, Gaughan returned to Rush University Medical Center and underwent a second surgery to remove the broken piece of the pedicle screw from his spine.

The lawsuit alleges the implant failed because Alphatec negligently designed and manufactured the pedicle screw, failed to adequately inspect it before placing it into the stream of commerce and failed to provide sufficient warnings that the device could fracture during normal use.

“As a direct and proximate result of one or more of the aforesaid negligent acts and/or omissions of defendant, Alphatec Spine, Inc., plaintiff, Matthew Gaughan, sustained injuries of a personal, permanent and pecuniary nature.”

— Matthew Gaughan v. Alphatec Spine Inc.

Gaughan maintains the alleged defects caused him to suffer permanent physical injuries, pain and other losses. He seeks compensatory damages to be determined at trial.

Concerns about the safety and reliability of pedicle screw systems have existed for years. More than a decade ago, the U.S. Food and Drug Administration raised safety concerns about certain newly manufactured pedicle screw systems. The agency required producers of some already available devices to conduct post-market surveillance studies while mandating clinical trials before approving newer systems that were in development.

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