US5951553A
Expired / Lapsed
US
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Methods and apparatus for fusionless treatment of spinal deformities
Assignee: Warsaw Orthopedic Inc
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Filing: 1997-07-14
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Granted: 1999-09-14
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Expires: 2017-07-14
Abstract
Abstract The treatment and correction of spinal deformities, such as scoliosis, is accomplished without the need for fusion of the intervertebral disc space. A surgical technique is provided in which opening and closing osteotomies are created in the affected vertebrae. Correction devices are provided which hold the osteotomies in either their closed or open orientations. The correction devices include staples holding the vertebral body on opposite sides of the body to retain the osteotomies in their desired orientation. In the opening osteotomies, the correction devices include a wedge member that is disposed within the opened wedge osteotomy and in contact with the vertebral body. The correction devices also include connection members which can be used to engage the devices to an elongated member spanning the spine, such as a spinal rod. Once bone union has occurred in the instrumented vertebrae, the spinal rod can be disconnected from the correction devices and removed from the patient. In another aspect of the invention, curvature deformities in two planes can be corrected using the same techniques and devices.
Inventors
- 👤 Randall Betz
- 👤 Michael C. Sherman
- 👤 Troy Drewry
Bibliographic Details
Application Number
—
Jurisdiction
US
Data Source
google_patents
Last Synchronized
2026-10-23 18:49
CPC Classifications
A; A61; A61B; A61B17/00; A61B17/56; A61B17/58; A61B17/88; A61B17/885; A61B17/68; A61B17/70; A61B17/7001; A61B17/7044; A61B17/80; A61B17/8095; A61B17/7032; A61B17/7041
Claims Analysis
Total Claims: 39
Claim 1
Independent Claim
89 words
An apparatus for use in the correction of spinal deformities, comprising: a first staple having at least two prongs configured to penetrate one side of a vertebral body of a vertebra to be corrected; a second staple having at least two prongs configured to penetrate an opposite side of said vertebral body of the vertebra to be corrected; means for extending through said vertebral body for pulling said first staple toward said second staple when said staples penetrate said vertebral body on substantially opposite sides of said vertebral body.
Claim 2
Independent Claim
89 words
An apparatus for use in the correction of spinal deformities, comprising: a first staple having at least two prongs configured to penetrate one side of a vertebral body of a vertebra to be corrected; a second staple having at least two prongs configured to penetrate an opposite side of said vertebral body of the vertebra to be corrected; means for extending through said vertebral body for pulling said first staple toward said second staple when said staples penetrate said vertebral body on substantially opposite sides of said vertebral body.
Claim 3
Dependent Claim
36 words
The apparatus of claim 1, wherein said first staple defines a first width between the prongs and said second staple defines a second width between the prongs, said second width being different than said first width.
Claim 4
Dependent Claim
15 words
The apparatus of claim 2, wherein said first width is less than said second width.
Claim 5
Dependent Claim
93 words
The apparatus of claim 1, wherein said means for pulling said first staple toward said second staple includes; an elongated member sized to extend through the vertebral body and between the opposite sides of the vertebral body, said member having an enlarged head at one end and a threaded shank extending from an opposite end; said second staple defining an opening therethrough smaller than said enlarged head of said elongated member; and a boss extending from said first staple, said boss defining threads for mating with said threaded shank of said elongated member.
Claim 6
Dependent Claim
21 words
The apparatus of claim 4, wherein said enlarged head defines a circumferential shoulder for engaging said second staple adjacent said opening.
Claim 7
Dependent Claim
19 words
The apparatus of claim 4, wherein said enlarged head defines a channel therethrough for receiving an elongated rod therein.
Claim 8
Dependent Claim
38 words
The apparatus of claim 4, wherein: said boss of said first staple is elongated and defines an internally threaded bore; and said threaded shank of said elongated member includes external threads for mating with said internally threaded bore.
Claim 9
Dependent Claim
59 words
The apparatus of claim 4, wherein: said threaded shank of said elongated member includes external threads; said boss of said first staple is elongated and defines an internally threaded bore for mating with said external threads of said threaded shank; and said threaded shank has a length dimension that is about double the length dimension of said elongated boss.
Claim 10
Independent Claim
187 words
An apparatus for engagement to a longitudinal member extending along the spine for correction of spinal deformities, comprising: a first staple having at least two first prongs configured to penetrate one side of a vertebral body of a vertebra to be corrected and a first plate portion between said first prongs; a second staple having at least two second prongs configured to penetrate an opposite side of said vertebral body of the vertebra to be corrected and a second plate portion between said second prongs, said second plate portion defining an opening therethrough; a fastener including an elongated shank having a first end and an opposite second end, said shank configured to extend through said vertebral body and through said opening in said second plate portion; means at said first end of said shank of said fastener for engaging a longitudinal member disposed adjacent the vertebra outside the vertebral body; and means for engaging said second end of said shank to said first plate portion of said first staple when said first and second staples penetrate the vertebral body on substantially opposite sides of the vertebral body.
Claim 11
Independent Claim
187 words
An apparatus for engagement to a longitudinal member extending along the spine for correction of spinal deformities, comprising: a first staple having at least two first prongs configured to penetrate one side of a vertebral body of a vertebra to be corrected and a first plate portion between said first prongs; a second staple having at least two second prongs configured to penetrate an opposite side of said vertebral body of the vertebra to be corrected and a second plate portion between said second prongs, said second plate portion defining an opening therethrough; a fastener including an elongated shank having a first end and an opposite second end, said shank configured to extend through said vertebral body and through said opening in said second plate portion; means at said first end of said shank of said fastener for engaging a longitudinal member disposed adjacent the vertebra outside the vertebral body; and means for engaging said second end of said shank to said first plate portion of said first staple when said first and second staples penetrate the vertebral body on substantially opposite sides of the vertebral body.
Claim 12
Dependent Claim
43 words
The apparatus of claim 9, wherein said means for engaging includes: threads defined on said elongated shank of said fastener; and a boss extending from said first plate portion, said boss defining threads for mating with said threads defined on said elongated shank.
Claim 13
Dependent Claim
28 words
The apparatus of claim 10, wherein said fastener includes an enlarged head sized to prevent passage through said opening in said second plate portion of said second staple.
Claim 14
Dependent Claim
36 words
The apparatus of claim 11, wherein said means for engaging a longitudinal member includes a channel defined in said enlarged head of said fastener, said channel sized to receive a portion of the longitudinal member therein.
Claim 15
Independent Claim
105 words
An apparatus for use in the correction of spinal deformities, comprising: a staple having at least two prongs configured to penetrate a vertebral body of a vertebra to be corrected and a plate portion between said prongs; and a wedge member attached to said plate portion, said wedge member configured to fill an osteotomy site inside said vertebral body between said prongs; a second staple having at least two prongs configured to penetrate the vertebral body; and an elongated member for extending through the vertebral body and having a first end connected to said first staple and a second end connected to said second staple.
Claim 16
Independent Claim
105 words
An apparatus for use in the correction of spinal deformities, comprising: a staple having at least two prongs configured to penetrate a vertebral body of a vertebra to be corrected and a plate portion between said prongs; and a wedge member attached to said plate portion, said wedge member configured to fill an osteotomy site inside said vertebral body between said prongs; a second staple having at least two prongs configured to penetrate the vertebral body; and an elongated member for extending through the vertebral body and having a first end connected to said first staple and a second end connected to said second staple.
Claim 17
Dependent Claim
37 words
The apparatus of claim 13, wherein: said wedge member defines a threaded bore therethrough; and said elongated member includes an externally threaded shank at said first end configured to engage said threaded bore of said wedge member.
Claim 18
Dependent Claim
33 words
The apparatus of claim 14, wherein said wedge member further defines a bore relief around said threaded bore to facilitate insertion of said threaded shank of said elongated member into said threaded bore.
Claim 19
Dependent Claim
45 words
The apparatus of claim 14, wherein: said second staple includes a second plate portion defining an opening therethrough; and said elongated member includes an enlarged head at said second end, said enlarged head configured to prevent passage through said opening in said second plate portion.
Claim 20
Dependent Claim
35 words
The apparatus of claim 13, wherein said staple defines a first width between the prongs and said second staple defines a second width between the prongs, said second width being different than said first width.
Claim 21
Dependent Claim
15 words
The apparatus of claim 17, wherein said first width is less than said second width.
Claim 22
Independent Claim
84 words
An apparatus for use in the correction of spinal deformities, comprising: a staple having at least two prongs configured to pierce a vertebral body of a vertebra to be corrected, and the staple having a plate portion between said prongs; and a wedge member attached to said plate portion, said wedge member configured to fill an osteotomy site in said vertebral body between said prongs and wherein: said wedge member includes angled side faces configured to contact the vertebral body within the osteotomy site.
Claim 23
Independent Claim
84 words
An apparatus for use in the correction of spinal deformities, comprising: a staple having at least two prongs configured to pierce a vertebral body of a vertebra to be corrected, and the staple having a plate portion between said prongs; and a wedge member attached to said plate portion, said wedge member configured to fill an osteotomy site in said vertebral body between said prongs and wherein: said wedge member includes angled side faces configured to contact the vertebral body within the osteotomy site.
Claim 24
Dependent Claim
47 words
The apparatus of claim 19, wherein said wedge member includes: a face defined between said angled faces contacting said plate portion of said staple; a curved end face between said angled faces; and a flat end face opposite said curved end face and between said angled faces.
Claim 25
Dependent Claim
15 words
The apparatus of claim 13, wherein said wedge member is formed of a biocompatible metal.
Claim 26
Dependent Claim
11 words
The apparatus of claim 21, wherein the metal is stainless steel.
Claim 27
Dependent Claim
10 words
The apparatus of claim 21, wherein the metal is titanium.
Claim 28
Dependent Claim
12 words
The apparatus of claim 21, wherein the metal is a porous tantalum.
Claim 29
Dependent Claim
22 words
The apparatus of claim 13, wherein said wedge member is formed of a material for promoting bone growth through the osteotomy site.
Claim 30
Dependent Claim
12 words
The apparatus of claim 25, wherein the material is a porous tantalum.
Claim 31
Independent Claim
175 words
An apparatus for use in the correction of spinal deformities, comprising: a staple having at least two prongs configured to penetrate a vertebral body of a vertebra to be corrected, and the staple having a plate portion between said prongs; a wedge member attached to said plate portion, said wedge member configured to fill an osteotomy site in said vertebral body between said prongs; a second staple having at least two prongs configured to penetrate the vertebral body; an elongated member for extending through the vertebral body and having a first end connected to said first staple and a second end connected to said second staple and wherein: said wedge member defines a threaded bore therethrough; said elongated member includes an externally threaded shank at said first end configured to engage said threaded bore of said wedge member; said wedge member includes angled faces configured to contact the vertebral body within the osteotomy site and defines opposite end faces between said angled faces; and said threaded bore is disposed essentially equidistant from said end faces.
Claim 32
Independent Claim
175 words
An apparatus for use in the correction of spinal deformities, comprising: a staple having at least two prongs configured to penetrate a vertebral body of a vertebra to be corrected, and the staple having a plate portion between said prongs; a wedge member attached to said plate portion, said wedge member configured to fill an osteotomy site in said vertebral body between said prongs; a second staple having at least two prongs configured to penetrate the vertebral body; an elongated member for extending through the vertebral body and having a first end connected to said first staple and a second end connected to said second staple and wherein: said wedge member defines a threaded bore therethrough; said elongated member includes an externally threaded shank at said first end configured to engage said threaded bore of said wedge member; said wedge member includes angled faces configured to contact the vertebral body within the osteotomy site and defines opposite end faces between said angled faces; and said threaded bore is disposed essentially equidistant from said end faces.
Claim 33
Independent Claim
176 words
An apparatus for use in the correction of spinal deformities, comprising: a staple having at least two prongs configured to penetrate a vertebral body of a vertebra to be corrected, and the staple having a plate portion between said prongs; a wedge member attached to said plate portion, said wedge member configured to fill an osteotomy site in said vertebral body between said prongs a second staple having at least two prongs configured to penetrate the vertebral body; an elongated member for extending through the vertebral body and having a first end connected to said first staple and a second end connected to said second staple and wherein: said wedge member defines a threaded bore therethrough; said elongated member includes an externally threaded shank at said first end configured to engage said threaded bore of said wedge member; said wedge member includes angled faces configured to contact the vertebral body within the osteotomy site and defines opposite end faces between said angled faces; and said threaded bore is disposed closer to one of said end faces.
Claim 34
Independent Claim
176 words
An apparatus for use in the correction of spinal deformities, comprising: a staple having at least two prongs configured to penetrate a vertebral body of a vertebra to be corrected, and the staple having a plate portion between said prongs; a wedge member attached to said plate portion, said wedge member configured to fill an osteotomy site in said vertebral body between said prongs a second staple having at least two prongs configured to penetrate the vertebral body; an elongated member for extending through the vertebral body and having a first end connected to said first staple and a second end connected to said second staple and wherein: said wedge member defines a threaded bore therethrough; said elongated member includes an externally threaded shank at said first end configured to engage said threaded bore of said wedge member; said wedge member includes angled faces configured to contact the vertebral body within the osteotomy site and defines opposite end faces between said angled faces; and said threaded bore is disposed closer to one of said end faces.
Claim 35
Dependent Claim
23 words
The apparatus of claim 28, wherein said one of said end faces is flat and the other of said end faces is curved.
Claim 36
Independent Claim
184 words
A method for correcting a spinal curve deformity of a patient, comprising the steps of: identifying a normal line of curvature for the spine to be treated; identifying a first group of vertebrae defining a first curve offset to one side of the normal line of curvature; identifying a second group of vertebrae defining a second curve offset to the opposite side of the normal line of curvature; performing an osteotomy on each vertebral body of the first group of vertebrae on the convex side of the first curve; closing the osteotomy site in each vertebral body of the first group of vertebrae; engaging a staple to each vertebral body in the first group of vertebrae to hold the osteotomy site closed; performing an osteotomy on each vertebral body of the second group of vertebrae on the concave side of the second curve; inserting a wedge member into the osteotomy site in each vertebral body of the second group of vertebrae; and engaging a staple to each vertebral body of the second group of vertebrae to hold the wedge member within the osteotomy site.
Claim 37
Independent Claim
184 words
A method for correcting a spinal curve deformity of a patient, comprising the steps of: identifying a normal line of curvature for the spine to be treated; identifying a first group of vertebrae defining a first curve offset to one side of the normal line of curvature; identifying a second group of vertebrae defining a second curve offset to the opposite side of the normal line of curvature; performing an osteotomy on each vertebral body of the first group of vertebrae on the convex side of the first curve; closing the osteotomy site in each vertebral body of the first group of vertebrae; engaging a staple to each vertebral body in the first group of vertebrae to hold the osteotomy site closed; performing an osteotomy on each vertebral body of the second group of vertebrae on the concave side of the second curve; inserting a wedge member into the osteotomy site in each vertebral body of the second group of vertebrae; and engaging a staple to each vertebral body of the second group of vertebrae to hold the wedge member within the osteotomy site.
Claim 38
Dependent Claim
50 words
The method of claim 30 for correcting a spinal curve deformity of a patient further comprising: engaging a connection member to a plurality of vertebrae in each of the first and second groups; and connecting each connection member to an elongated member spanning the first and second groups of vertebrae.
Claim 39
Dependent Claim
35 words
The method of claim 31, further comprising the steps of disconnecting each connection member from the elongated member and removing the elongated member from the patient once bone union of the osteotomy site is achieved.
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USPTO Annuity & Maintenance Windows
| Annuity Stage | Window Opens | Payment Deadline | Surcharge Period Until | Estimated Fee | Status |
|---|---|---|---|---|---|
| 3.5 Years (Year 4) | 2002-09-13 | 2003-03-15 | 2003-09-14 | $2000.00 | Window Closed / Lapsed |
| 7.5 Years (Year 8) | 2006-09-13 | 2007-03-15 | 2007-09-14 | $3760.00 | Window Closed / Lapsed |
| 11.5 Years (Year 12) | 2010-09-13 | 2011-03-15 | 2011-09-14 | $7700.00 | Window Closed / Lapsed |