Zimmer NexGen Knee Replacement Lawsuit

Section Guide

The NexGen CR-Flex Fixed Bearing Knee implant has been linked to a higher-than-normal failure rate and an increased risk of implant-related complications, including the need for painful and costly revision surgery to replace the defective devices.

More than 150,000 of the devices have been sold and used in total knee arthroplasty procedures since the introduction of the implants in 2003, but many patients are now choosing to file a lawsuit against the manufacturer of the devices, Zimmer, Inc., after experiencing painful and debilitating complications.

For patients who endured the pain and inconvenience of a failed or defective knee replacement or underwent the expense and suffering of revision surgery, a lawsuit against the device manufacturer may be the only way to attain monetary compensation and emotional satisfaction. Many patients who had total knee replacements (TKR) from Zimmer Holdings feel as if they are victims of the devices’ high failure rates. Many of those failure stem from design flaws.

Others believe they were misled by false and deceptive advertising about product safety or concealment of adverse or serious health effects that were either known to the company or about overly optimistic claims about Zimmer products. Those products did not perform as billed.

Recent lawsuits were filed against Zimmer by patients who suffered injury, significant pain and/or loss of movement because of implant problems. Most were tied to knee revision surgery.

Many litigants received a prosthesis whose components included recalled Zimmer products. They seek some or all of the following:

damages for medical expenses, both past and present
costs for rehabilitation and/or home health care
costs for lost income
damages for permanent disability
and damages because of pain and suffering.

While these cases may differ somewhat in the medical details of their respective plaintiffs, they are united in claims of malfeasance against Zimmer.

Zimmer Knee Lawsuits

For example, one lawsuit filed in the Eastern District of New York in December 2011 involves a plaintiff, John Hall, who had a Zimmer NexGen CR-High Flex femoral component implanted in August 2007. Hall claims his NexGen knee failure resulted in consistent pain and loosening of the device, which ultimately required revision surgery in December 2008.

Hall’s complaint states Zimmer “knew of should have known that using the product created a high risk of unreasonably dangerous side effects,” and that the defendant “knowingly, consciously and deliberately placed their financial gain above the rights and safety of the plaintiff and other consumers”

Another litigant, South Carolina resident Ronnie Clark, claims in his November 2011 lawsuit against Zimmer that the company “engaged in a marketing and advertising program which as a whole . . .falsely and deceptively sought to create the image and impression that using the Zimmer NexGen knee was safe.” Clark may have more pain and suffering than most plaintiffs. He underwent two revision surgeries since his original NexGen implant in December 2007.

West Virginia resident David Dicken filed a lawsuit against Zimmer in December 2011 in the U.S. District Court, Western District of Pennsylvania. Dicken was implanted with a Zimmer NexGen LPS-Flex femoral component in January 2005. Shortly after the implant, he began experiencing severe and debilitating pain and returned to his physician several times for help. Eventually, his physician determined that a Zimmer knee failure had occurred, and Dicken went through revision surgery in December 2009 to replace his knee implant. He is suing Zimmer on grounds of liability and negligence.

Arizona resident Catherine Pollow-Daniel filed a lawsuit against Zimmer in December 2011 in the U.S. District Court, District of Arizona. Pollow-Daniels claims she had to go through Zimmer knee revision surgery because of problems with her Zimmer NexGen knee implant. She also alleges that the company knew their product could loosen in patients, causing personal injury, significant pain, and loss of movement.

Pollow-Daniels was implanted with a Zimmer NexGen knee system in July 2006. Her system included a NexGen LPS High Flex femoral component and a MIS stemmed tibial component. Shortly after the implant, she experienced severe and debilitating pain. In May 2010, she had knee revision surgery to replace her NexGen knee. She continues to suffer serious bodily injury and harm and incurring medical expenses for knee treatment. She alleges Zimmer was aware of problems with the NexGen system as early as 2007 and cites the Han study in her complaint.

In August 2011, a Zimmer Knee MDL (Multi-District Litigation) was formed in the U.S. District Court, Northern District of Illinois, overseen by Judge Rebecca Pallmeyer. Unlike a class-action lawsuit, Zimmer NexGen knee injury claims involve unique damages for each claimant, because the problems impact each person in a different way. Therefore, the outcome of the litigation cannot be determined through the trial of a class-representative, as would be done in a class action suit.

However, while the cases do remain individual lawsuits, pretrial proceedings will be consolidated to reduce the risk of inconsistent rulings from different judges, avoid duplicative discovery and serve the convenience of the parties and witnesses. If Zimmer NexGen knee replacement settlements are not reached during the MDL process, each claim would be remanded back to the federal district court where it was originally filed for trial.

When the MDL was established, 28 lawsuits were on file. More than 70 cases were later consolidated into the MDL. It is expected that the number of cases may increase if more victims seek the advice of a lawyer after experiencing what they or their doctors believe is some degree of Zimmer knee failure.

In November, 2011, Judge Pallmeyer appointed several attorneys to leadership roles in the case – three attorneys as Co-lead Counsel, one attorney as Liaison Counsel and 12 other attorneys to the Plaintiff’s Steering Committee (PSC). These leadership attorneys are currently holding regular conferences with Zimmer lawyers every six weeks.

Any person who has experienced pain or difficulty with a Zimmer Knee replacement, especially if the particular model contains components that were subject to a product recall, are advised to contact a reputable defective products lawyer, as they may be entitled to compensation. Because most law firms of this nature work on a contingency basis, it is likely that if a case meets their qualifications for submittal to the MDL, there will be no charges accrued to the plaintiff unless and until damages are awarded.

Complications with the NexGen CR-Flex Knee Implant

Many surgeons, including Dr. Richard A. Berger, a former orthopedic consultant for Zimmer, believe that a design flaw may be to blame for the many problems associated with the NexGen CR-Flex Knee implant devices. Dr. Berger and colleagues found that the device often fails to properly fuse to a patient’s thigh bone, which can lead to a loosening of the implant and the need for a second knee replacement surgery soon after the implant is installed.

Patients who experience any of the following complications are advised to fill out the form on this page to receive more information about filing a lawsuit against the manufacturer of these devices:

Difficulty walking or standing
A loose feeling in the knee
Persistent knee pain or swelling
Need for revision surgery
Popping, crunching or clicking noises in the knee

Filing a Zimmer Lawsuit

If you think you may have received the NexGen CR-Flex Knee implant during a knee replacement surgery and are currently experiencing problems, it is important to discuss your case with a lawyer to determine your legal options. Lawsuits against Zimmer, Inc., the manufacturer of the devices, are currently being filed by patients seeking compensation for medical bills and additional expenses associated with the failure of the devices.