A knee replacement failure lawsuit is a legal action taken against a medical device manufacturer for injuries caused by a defective knee implant. Knee replacements are a common surgery, with over 600,000 performed each year in the United States. While most knee replacements are successful, some can fail, requiring revision surgery.
There are a number of reasons why a knee replacement might fail. Some common causes include:
- Infection
- Loosening of the implant
- Implant wear and tear
- Allergic reaction to the implant
- Fracture of the bone around the implant
If you have suffered an injury due to a defective knee implant, you may be eligible to file a lawsuit against the manufacturer. To be successful in your lawsuit, you will need to prove that the implant was defective and that the defect caused your injury.
Examples of Knee Replacement Failure Lawsuits
There have been a number of high-profile knee replacement failure lawsuits in recent years. Some examples include:
- In 2012, DePuy Orthopaedics, a subsidiary of Johnson & Johnson, agreed to pay $4.25 billion to settle lawsuits over its defective ASR hip and knee implants.
- In 2015, Zimmer Biomet agreed to pay $1 billion to settle lawsuits over its defective Durom cup hip implant.
- In 2017, Stryker Corporation agreed to pay $1.4 billion to settle lawsuits over its defective Trident hip implant.
These settlements show that medical device manufacturers can be held accountable for injuries caused by their defective products.
How to File a Knee Replacement Failure Lawsuit
If you are considering filing a knee replacement failure lawsuit, it is important to consult with an experienced product liability attorney. An attorney can help you assess your case and determine whether you have a valid claim.
If you decide to file a lawsuit, your attorney will work with you to gather evidence to support your claim. This evidence may include medical records, expert testimony, and deposition testimony from the manufacturer’s employees.
Once the evidence has been gathered, your attorney will file a complaint with the court. The complaint will set forth the allegations against the manufacturer and the damages you are seeking.
The lawsuit will then proceed through the discovery process, during which both sides will exchange information about their case. This process can be lengthy and complex, but it is necessary to ensure that both sides have a fair opportunity to prepare for trial.
If the case is not settled before trial, it will go to a jury. The jury will listen to the evidence and then decide whether the manufacturer is liable for your injuries and, if so, how much damages you should be awarded.
Conclusion
Knee replacement failure lawsuits can be complex and time-consuming, but they can be a way to obtain compensation for the injuries you have suffered. If you have been injured due to a defective knee implant, you should consult with an experienced product liability attorney to discuss your case.
FAQs
Q: What are the most common types of knee replacement implants?
A: The most common types of knee replacement implants are metal-on-plastic, metal-on-metal, and ceramic-on-plastic implants.
Q: What are the symptoms of a knee replacement failure?
A: The symptoms of a knee replacement failure can include pain, swelling, instability, and difficulty walking.
Q: How long do knee replacements last?
A: On average, knee replacements last about 15 years. However, some may last longer or shorter depending on a number of factors, such as the patient’s activity level and the type of implant used.
Q: What are the risks of knee replacement surgery?
A: The risks of knee replacement surgery include infection, loosening of the implant, implant wear and tear, allergic reaction to the implant, and fracture of the bone around the implant.
Q: How much does a knee replacement lawsuit cost?
A: The cost of a knee replacement lawsuit varies depending on a number of factors, such as the complexity of the case and the experience of the attorney. However, most attorneys will work on a contingency fee basis, which means that they only get paid if you win your case.
Q: What are the chances of winning a knee replacement lawsuit?
A: The chances of winning a knee replacement lawsuit vary depending on the facts of the case. However, if you have a strong case and you are represented by an experienced attorney, you have a good chance of success.
References
- Knee Replacement Lawsuit: https://www.drugwatch.com/knee-replacement/lawsuits/
- Knee Replacement Lawsuit FAQs: https://www.consumernotice.org/legal/knee-replacement-lawsuits/
- [Knee Replacement Failure Lawsuits: What You Need to Know](https://www.medicalmalpracti