I'd be quite unhappy too given you didn't expect things like a cracked screw or definately non union but I don't think either is reason for a lawsuit unless the screw was cracked before it was put in and that could be proven which I doubt it could be.. just seems like these are things that can and do happen occasionally w/fusion so now you have to see what can be done to improve the situation.
Seek other opinions as well as what your surgeon presents you with.
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