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Knee Replacement Lawsuit

People who suffer complications after receiving a faulty knee implant often file lawsuits to receive compensation for their injuries. Drugwatch can help you find an attorney if you decide to file a lawsuit.

Have you developed complications after a knee replacement?You might be entitled to compensation.

Complications with Knee Replacements

Joint replacement devices must support body weight while allowing mobility. Knee replacement devices use three components to accomplish this: femoral, tibial and patella components. Proper device design is crucial to the safety and effectiveness of these devices. If the devices are improperly designed or manufactured, consumers may experience problems.

Older devices use a cement-like adhesive to hold device components in place. However, they can carry a risk of the cement breaking off the bone. Some recent devices, like NexGen implants, can be used with or without cement. The uncemented technique allows the bone to fuse into the implant.

Unfortunately, some consumers with uncemented devices have experienced loosening of the joint and other complications. A prominent surgeon formerly employed by Zimmer has also concluded that a NexGen model was not stable and could fail prematurely. The company has denied problems with its product’s design.

How Long Do Knee Implants Last?

Other researchers have also questioned the durability of knee devices. Device makers are quick to promote their products as being more durable. Artificial joints are generally expected to last at least 15 years. But in 2011, a group of Austrian researchers concluded that new artificial knee and hip devices are not more durable than older models, with 30 percent being less durable. Some products, like Depuy’s now-recalled Sigma knee implants, have higher than normal revision rates.

Revision surgery and long-term medical treatment may be necessary to address injuries.

Defective knee replacements may place patients at risk for a range of injuries, including:

  • Premature loosening
  • Limited mobility
  • Severe pain
  • Infection
  • Inflammation and swelling
  • Bone, joint, muscle or neurological damage

Filing a Legal Claim

Many lawsuits alleging injuries from defective knee replacements are being filed in federal and state courts across the country. More than 600 federal lawsuits have been filed against Zimmer over its NexGen implants.

Product liability lawsuits, such as the knee replacement claims, generally allege that device makers failed to properly design, manufacture and market their devices. In other words, the makers neglected or ignored their duties to make sure the products were safe and would do what they claimed to do.

Consumers who have been injured by defective knee replacement devices may be eligible for compensation for their suffering, and medical and other expenses. Their lawsuits also bring attention to risks associated with some devices. This is particularly important because device makers may be slow to recall problematic devices, if at all.

If you have suffered injury or device failure after receiving a knee replacement, always seek medical care.

Why Contact a Defective Device Attorney?

You should also consider contacting a defective device attorney for more information on your legal options, including whether you’re eligible for the following compensation:

Medical Bills

Compensation for Lost Employment Time

Pain and Suffering

Punitive Damages

Tips for Filing a Knee Replacement Lawsuit

If you are considering filing a claim for knee replacement implant injuries, here are a few things to consider:
The law limits the amount of time you have to file a claim. Each state has different statutes of limitation, so it’s important to talk to an attorney about when and where you were injured.
You may receive more compensation from a lawsuit than a recall. If you were injured by a device that is later recalled, you may limit your ability to file a lawsuit if you participate in the recall. It’s best to talk to a qualified attorney, not a device manufacturer’s representative or a doctor, about how you can protect your legal claims during a recall.
It’s a good idea to consult a qualified device attorney. Knee replacement injuries have already resulted in hundreds of lawsuits. Qualified device attorneys are familiar with device manufacturers' legal strategies and issues that are common in these types of claims. They can offer information on where to file your claim, whether it’s in your interest to join any potential class action, and obtaining a possible legal settlement. Every situation is different, and a qualified device attorney can help explain your legal options.
Free consultations are available. Most device attorneys offer free consultations to help you determine if you have a legal claim. But be sure to ask about fees before hiring any lawyer. Usually, these attorneys do not get paid unless you win your case or obtain a settlement.
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  1. Meier, B. (2010, June 19). Surgeon vs. Knee Maker: Who’s Rejecting Whom? The New York Times. Retrieved from http://www.nytimes.com/2010/06/20/business/20knee.html
  2. In Re Zimmer NexGen Knee Implant Products Liability Litigation, MDL No. 2272, Transfer Order (J.P.M.L. Aug. 8, 2011). Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2272-Order_Vacating_CTO-09-12.pdf
  3. U.S. Food and Drug Administration. (2012, January 25). Medical & Radiation Emitting Device Recalls: Class 2 Recall Natural-Knee II Durasul All-Poly Patella, Size 1, 10mm.
  4. Meier, B. (2011, December 22). New Models of Implants Not Better, Study Finds. The New York Times. Retrieved from http://www.nytimes.com/2011/12/23/health/research/new-models-of-hip-and-knee-implants-not-better-study-finds.html
  5. U.S. Judicial Panel on Multidistrict Litigation. (2012 September). MDL Statistics Report - Distribution of Pending MDL Dockets. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets-By-District-September-2012.pdf
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