With back trauma (injury/surgery/etc) yes, foot pain is a common issue. It's is usually due to the nerves.
I was scheduled for the Charite ADR in March 06, but my insurance would not pay for it. So I had a minimally invasive posterior fusion done at L4/L5 April 18.
Sorry to hear you are having problems. I have not heard of any lawsuits regarding failed ADRs with all my research and communications with others. If it had been approved, I would have indeed gone that route. The ADR leaves your spine with the ability to move at that level. It could possibly be that "movement" is causing your pain. Maybe you may end up needing a fusion there if it does not improve. Just a thought.
My surgeon who does the Charite' and I talked very extensively about the ADR and he said that insurances are still not wanting to pay for it. Therefore, he has not done too many to date because of that.
He was pleased with the fusion results I have and said.. maybe this was the best thing for me at this point anyway.
Has an EMG or Discogram been ordered for you yet? MRI's dont show it all. My L4/L5 disk rupture was only discovered during the discogram. All the surgeons including this one assumed my bulging L5/S1 was causing my 3 years of pain. The discogram never phased me at L5/S1.. where L4/L5 sent my leg flying off the table.
So you need more testing to try and get to the heart of the issue. It may not be the ADR at all or symptom of it.. such as movement in that area, irritating your nerves, etc.
Please let me know how you are doing going forward. I hope you get relief soon. Tammy