Zimmer NexGen Knee Replacements Lawyer
For those individuals with severe arthritis, knee deformities or dead bone tissue, knee replacements are necessary for they can offer suffering consumers hope for a pain-free life and even renewed vitality. The Zimmer NexGen Knee Replacement Systems were designed as a state-of-the art system that did not require cement anchoring to the bone essential in other knee replacement implants. According to the designers, the implant was supposed to stimulate bone growth after being attached to the lower thighbone that would integrate it into the leg. However, in about 9% of these surgical implants, the bone growth failed to take and did not fuse causing the unfortunate patients to suffer intense pain, severe restrictions on walking and necessitating corrective surgery. Since a failure rate of 21% is the norm, a failure rate of 9% was alarmingly high. In 36% of all patients fitted with one of Zimmer’s knee replacement products using this technology and design, the replacement device demonstrated signs of becoming loose.
Consequently, Zimmer replacement lawsuits have sprouted in all 50 states with class action suits filed as well.
Zimmer NexGen Models Found Defective
A number of Zimmer knee replacement models have been found to contain defects and caused patients unnecessary pain, suffering and loss of enjoyment of life. These include:
- Nexgen Complete Knee Solution LPS Femoral Component
- Nexgen Complete Knee Solution LPS Flex Gender Femoral Component
- Nexgen Complete Knee Solution MIS Tibial Components
- Nexgen CR-Flex Knee Replacement
- Nexgen LPS_Flex Mobile and Bearing Knee
- Nexgen LPS Flex-Porous Femoral Component
Holding Zimmer Liable
Evidence shows that Zimmer was aware of this defect in its system several years before the systems were recalled in 2014 when a surgeon who formerly worked for Zimmer warned the company that the devices were failing. Despite this information, Zimmer continued to market its systems to physicians and patients as safe and without an accompanying warning. Companies are known to decide that at times, litigation is a necessary part of doing business if it is deemed cost-effective. These decisions are made with the knowledge that a considerable number of patients may unduly suffer.
To hold Zimmer liable, a medical device lawyer has to prove certain elements to successfully prosecute a product liability claim against Zimmer:
- The product was in an unreasonably dangerous condition when it was designed or manufactured
- Zimmer placed the product on the market while it contained an unreasonably dangerous defect
- The defect was the cause of the plaintiff’s injuries
Further, Zimmer failed to warn the consumer of the risks and failure rates of its systems. As part of its defense, Zimmer has placed blame on the surgeons who performed the implant surgeries.
In 2014, Zimmer issued a Class 2 recall, which means that exposure to the defective product has the possibility of adverse health consequences that are temporary and can be remedied by corrective surgery. Adverse health consequences are at least remotely possible.
Litigation and Class Actions
Most medical device defect cases are the subject of class action or multi-district litigation (MDL) lawsuits. Because of the large number of similarly situated claimants, the law allows claims to be consolidated and litigated in a single court with lawyers sharing in expenses and discovery and with court rulings applying to all member cases. Representative claims may be tried at times and the verdict dictating how the remaining cases may be resolved. Most class action suits or MDL matters are resolved before or just after a trial of a representative plaintiff and a compensation fund established for the member class based on the nature and extent of each claimants’ injuries. You may choose to opt in or opt out of a class action suit if your case is unique or has extraordinary circumstances. Consult with a Zimmer knee injury lawyer regarding this decision.
Damages in a Medical Device Injury Claim
If a class action suit is settled, your compensation may be determined by your Boston medical device lawyer by submitting documentation of your injuries and other damages. Regardless if you are member of the class action or decide to go it alone, your damages include:
- Past and future medical expenses
- Loss of income
- Emotional trauma
- Pain and suffering
- Spousal loss of consortium
A Zimmer knee replacement lawsuit entails complicated issues that only an experienced product liability attorney should handle. It is essential that if you are a victim of a Zimmer Nexgen knee replacement systems failure that you promptly consult a medical device lawyer. Paul Tetzel is a Boston medical device lawyer who will vigorously represent your interests and achieve the results you need for any type of medical device and Zimmer NexGen Knee Replacements Injury. Contact him today for a free analysis of your injury claim.