Patent ID: 7955392

Claim:
A device for use in an interspinous space formed between spinous processes of first and second vertebral members, the device comprising: a first wing sized to contact a first lateral side of the first and second vertebral members, the first wing having an elongated shape with a major axis and a minor axis, the major axis being longer than the minor axis, the first wing having an inner surface that bears against lateral surfaces of the spinous processes; an intermediate member defined by a pair of sidewalls, an open bottom portion and an open top portion, the intermediate member extending outward from the first wing and sized to fit within the interspinous space between the first and second vertebral members and space apart the spinous processes, wherein the open bottom portion and the open top portion are substantially aligned with the major axis of the first wing; a second wing pivotally attached to the intermediate member and pivotable between a first orientation that is substantially aligned with the intermediate member to be inserted through the interspinous space and a second orientation that is substantially transverse to the intermediate member and passes through the open bottom portion and the open top portion and extends outward from beyond the sidewalls of the intermediate member to contact a second lateral side of the first and second vertebral members, the second wing including a greater height relative to the interspinous space in the second orientation than in the first orientation; and the second wing including the same shape and size in both the first and second orientations.