Lawyer for Knee Replacement Lawsuit Near Me
In the last several years, several knee replacement systems have proven to feature various design flaws that cause high failure rates and require revision surgeries. Patients who suffered the consequences of these design flaws are retaining the services of knee replacement lawyers in the pursuit of compensation for their losses.
If you had a knee replacement implant that failed, causing you injury and economic loss, the legal team at Tosi Law LLP will fight for your right to recover damages. Call us today at (888) 312-2518 for a free case review and consultation.
Problematic Knee Replacement Systems
Several knee replacement systems have come under fire due to flaws that have caused loss of mobility, severe pain and swelling, failure or loosening of the knee implant, and ultimately, the need for revision surgery.
Recipients of these flawed systems are suing manufacturers who were aware of the problematic nature of their products but failed to warn the medical community and/or health care providers about the problems.
A number of knee replacement system manufacturers have been called on to make amends to consumers who have suffered at the hands of their products:
DePuy: Attune Knee System
DePuy's parent company is Johnson & Johnson. The manufacturer was able to utilize fast-track approval for the product using the U.S. Food & Drug Administration's (FDA) 510(k), which is geared to streamline approval for products that are “substantially equivalent” to other products already approved and on the market.
Hyped as a revolutionary system that offers increased range of motion and greater stability for active patients, these replacements generated high failure rates and complications. The cement bond that affixed the tibial baseplate to the implant caused loosening of the tibial baseplate.
According to the Kansas City Business Journal, 1,400 reports had been filed with the FDA about DePuy's Attune Knee System by July of 2017. Many complainants faced revision surgery because of the complications they suffered.
Defendants in Depuy lawsuits have included Johnson & Johnson, some subsidiaries, and DePuy Synthes, makers of the knee replacement system. They have sued for negligence, failure to warn, and fraud, among other issues.
Exactech: Optetrak Knee System
Adverse reports about Exactech's system have been filed with the FDA since around 2012. Like Depuy's Attune system, the Optetrak has caused loss of mobility, pain, swelling, and tibial loosening—often resulting in patients requiring revision surgery. Also like the Depuy, this device sailed through FDA approval via the agency's “fast-track” program.
Problems with this device stem from a finned tibial tray element that causes the knee system to fail because it does not stick to the cement that is used to affix the device to the patient's tissue or bone.
The FDA issued a recall of the Optekrak in 2011, and in 2012, the company released a newer, more stable design. Some say this change serves as a corporate admission to the early version's flaws. Patients who still have the finned devices can look forward to the possibility of complications with those implants—and many may not even be aware of the problems they will face.
Newer to the lawsuit scene, Arthrex has been accused of manufacturing devices that, like competitors, fail to bond, cause tibial tray loosening, and subsequently fail. Since 2014, patients have been forced to remove their iBalance implants, which leads to a higher failure rate for the second replacement. Around 2,300 devices were recalled in 2016 when it was determined that their smooth outer surface should have been textured to facilitate bonding.
If you suffered injury, infection, or amputation due to complications from any of these or other knee replacement systems, a knee replacement lawsuit lawyer from Tosi Law LLP can represent you in a fight for compensation. Call us today at (888) 312-2518 for a free consultation.
Basis for Knee Replacement Lawsuits
Patients who have suffered from the critical flaws in these and other knee replacement systems are filing lawsuits against manufacturers based on the argument that the defendants knew or should have known that their products presented significant risks of serious bodily harm and failed to warn the public and/or the medical community about these risks.
The fact that these devices consistently show a high failure rate, when they are designed with the purpose of lasting for 15 to 20 years, strongly suggests defective designs.
Recoverable Damages from a Knee Replacement Lawsuit
A knee replacement lawsuit lawyer will look at all the ways in which a patient has suffered loss due to their defective knee replacement systems. The costs for surgery are high, and patients who are forced to undergo revision surgeries find themselves hit twice with these costs, on top of the loss of income as they recover from their surgeries—as well as the tremendous pain and suffering that accompanies both operations and recovery periods.
Although cases vary from one patient to the next, it is possible that the plaintiff in a knee replacement lawsuit can recover the following damages:
- Medical expenses
- Surgery costs
- Prescription medicine
- Labwork and imaging
- Loss of wages and benefits
- Physical therapy and rehabilitation
- Assistive mobility devices
- Home modifications
- Replacement services
- Diminished future potential earnings
- Diminished quality of life
- Pain and suffering
- Mental anguish
- Loss of consortium
>A knee replacement lawsuit lawyer from Tosi Law LLP can fight to get you the maximum compensation for your knee replacement injuries and related damages. Call (888) 312-2518 for a free case review.
Bair Hugger Knee Replacement Infection Lawsuits
When knee and hip replacement surgeries take place, the surgical team commonly uses the 3M Bair Hugger warming blanket system as a means to control the patient's body temperature. These forced air systems are designed to alleviate bleeding risks and expedite recovery. However, the devices have been found to facilitate deep joint infections in patients by allowing bacteria to enter their surgical incisions.
The infections have led to numerous negative outcomes, including the need for additional surgeries, amputation, and even death.
Patients who have suffered infections caused by the Bair Hugger warming blanket have sued Arizant Healthcare, producers of the warming system, and 3M Company, which acquired Arizant in 2010.
As of April 2019, 5,659 lawsuits have been filed, with 5,036 cases pending in the Multidistrict Litigation (MDL) established in December 2015.
A Knee Replacement Lawsuit Lawyer Can Help You Get Justice
If you have sustained an injury as the result of a faulty knee replacement system, you have no doubt suffered enough already. You should not bear the financial expense of multiple surgeries and medical treatments. Furthermore, you should be compensated for the pain and suffering and multitude of economic and emotional losses you have already endured—and may well continue to endure.
A knee replacement lawsuit lawyer from Tosi Law LLP will fight aggressively to see that you are compensated for all you have suffered. Call (888) 312-2518 for a free case review and consultation.