DePuy Knee Replacement Lawsuit
The operation in which a surgeon removes damaged or diseased parts of a patient’s knee joint and replaces them with artificial parts is called knee replacement surgery, or knee arthroplasty. Every year, more than 300,000 total knee replacement (TKR) surgeries are performed in the United States, and new devices are supposed to last between 12-15 years.
But not all of these surgeries produce a satisfactory, long-term result. DePuy Orthopaedics, one of a handful of knee device companies, recalled some of its devices in 2008.
There is a growing number of DePuy Knee replacement lawsuits being filed that claim these companies offered untested, unsafe or poorly designed products to surgeons and the general public that resulted in unnecessary suffering, as well as the need for expensive and painful revision surgery and rehabilitation.
If revision surgery is necessary, especially because the product was defective or was subject to a voluntary company, Food and Drug Administration (FDA) or other government-ordered recall, a patient may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages.
In revision surgery, the original implant must be removed and replaced with a new device. It is estimated that about 22,000 knee revision operations are performed in the United States each year. More than half of them come within two years of the patient’s original TKR.
DePuy was the first commercial orthopedics company in the United States. Founded in 1895, it entered the knee prosthesis market in 1979 and today it is one of the largest knee replacement manufacturers in the world. Since 1998, it has been a division of the Johnson & Johnson Family of Companies.
DePuy has a mixed history with knee implants. As in:
- In 2001, the British government’s Medical Devices Agency issued a recall of DePuy’s Hylamer liners – the part of a knee replacement that is made from polyethylene to replace lost cartilage.
- In 2008, DePuy issued a recall on its LCS Knee Orthopedic Knee Implant Meniscal Bearing Insert. The reason for the recall was that some lots of the product were not labeled properly – the 10mm inserts were etched as 12.5mm inserts.
- In 2009, DePuy issued an international recall of all lots of its LCS Duofix Femoral Component (the part of the knee replacement that attaches to the femur, or thigh bone). This recall occurred outside the United States, as the component had not been approved by the FDA for sale in America. In its recall notice, the company said it identified increased revision rates associated with the LCS Duofix Femoral Component, predominantly in Australia.
This latest recall prompted the filing of a DePuy class action lawsuit in the Federal Court of Australia, ACT Registry, by the Maurice Blackburn law firm, seeking compensation for people who have suffered an injury caused by the alleged failure of the recalled LCS Duofix Femoral Components. If successful, the DePuy class action will benefit all Australian patients who have suffered injury in consequence of having those units implanted before the recall.
So far, no class-action or individual lawsuits filed on behalf of DePuy knee replacement patients are known in the United States. But several product injury law firms are seeking litigants who have had problems with any DePuy knee replacement device, whether or not it has been the subject of a product recall.
Patients who have any of the following symptoms, past the normal knee implant surgery recovery period, are advised to contact their doctors, and if it is determined that the knee replacement is failing or likely to fail, should also contact a competent attorney for a legal consultation:
- Loosening and Instability: If a knee “gives out” when a patient stands or puts weight on it, or the knee is prone to moving unnaturally, e.g. backwards or sideways, something is likely wrong. Loosening is the major cause of knee replacement failure.
- Swelling: This is generally due to inflammation of the knee lining or synovium, which, in turn, causes increased production of fluid as a response to irritation. When the body cannot absorb the amount of fluid produced, the effusion, or accumulation, causes swelling.
- Heat or Warmth in the Knee: This is a normal sensation for several months after knee surgery, but if it persists or comes back, there is a problem.
- Pain: This may manifest as a minor soreness or it can be an acute pain or a constant throbbing.
It is important to note that there is a three-year statute of limitations regarding a defective device or personal injury claim, so a patient experiencing knee replacement problems needs to act quickly.
Potential litigants are also advised to make sure that they preserve and store any defective parts of a knee replacement that may be removed during revision surgery, including any tissue and fluid, in case a lawyer needs to have the material tested and on hand for trial.
