Sunday, April 2, 2023
HomeReplacementAverage Settlement For Faulty Knee Replacement

Average Settlement For Faulty Knee Replacement

Lawsuit For Knee Replacements: When Knee Implants Fail

Exactech Knee Implant Lawsuits (January 2023 Update in Comments)
  • Lawsuit For Knee Replacements:…
  • Over 800,000 knee replacement procedures are carried out annually in the United States. While most surgeries are successful, many individuals have adverse side effects from artificial knee replacement joints.

    $1 Billion Sulzer Medica Settlement

    In one of the largest knee implant settlements, Sulzer Medica agreed to pay $1 billion to settle roughly 4,000 lawsuits over its hip and knee implants in 2002. The settlement averaged $200,000 per patient.

    In 2000, the Swiss company recalled thousands of hip implants that had been tainted with a lubricant. It also withdrew from the market 1,600 knee implants that had been slightly contaminated with oil.

    Hundreds of patients who had received flawed knee implants needed surgery to replace them. Most of the people who sued had undergone hip revision surgery. But more than 560 patients had had knee revision surgery.

    Zimmer purchased Sulzer, which had been renamed Centerpulse, for more than $3 billion in 2003.

    Workplace Knee Injury Compensation Claims

    It does not matter what your job role or working environment is if you have suffered a knee injury in an accident at work that you did not cause you are entitled to make a claim against your employer. The UK has some of the strongest health and safety legislation in place to protect workers. All employers must abide by these rules and ensure that they have provided staff with a safe working environment. The failure to do ensure this can constitute negligence and entitle you to claim compensation for your injuries.

    Don’t Miss: How Much Does Nano Knee Surgery Cost

    Recall Of Exactech Knee And Ankle Replacement Implants

    Exactech is a global medical device company headquartered in Gainsville, Florida. Since it was founded in 1985, Exactech has specialized in surgical implant systems for use in joint replacement surgeries.

    In August 2021, Exactech initiated a sweeping nationwide recall of all its knee replacement and ankle replacement implant systems manufactured after 2004. The recall impacts almost 150,000 knee replacement implants in the U.S. The Exactech implant systems are used in knee replacement surgery, referred to as total knee arthroplasty . TKA knee replacement surgery is used to relieve severe pain associated with arthritis and is also used to correct knee trauma and deformities.

    These are the recalled Exactech products:

    System

    Lawsuits Surrounding The Bair Hugger Device

    Attune Knee Replacement Failure Lawsuit

    The Bair Hugger device from 3M is commonly used to help patients regulate their body temperature during knee replacement procedures. A 2013 study published in the Bone & Joint Journal found airborne contaminants increased by as much as 1,000 times with one of these systems over more traditional warming techniques. Since then, forced-air warming blankets came under intense scrutiny.

    There are currently several thousand lawsuits against 3M, consolidated into multidistrict litigation in Kansas City. These lawsuits allege the design defect leads to an increased risk of infection.

    You May Like: How Much Are Stem Cell Knee Injections

    Knee Replacement Lawsuit Statute Of Limitations

    What is the time limit of filing an Exactech knee implant lawsuit? Depending on where a person lives in the United States, it usually takes two to four years for a person with defective artificial knees to file a knee replacement lawsuit.

    For product liability causes of action, the statute of limitations in each jurisdiction may differ. Most jurisdictions have a two-year statute of limitations for personal injury claims. Even if the Statute of Limitations has expired for a personal injury claim, it may still be accepted by a court. Product liability lawsuits involving faulty medical devices have a two-year waiting period. The statute of limitations for Hawaii is two years. The Rev. Stat. governs the operation of a church. *

    657-1 et al. Product Defect Manufacturers Responsibility The Washington D.C. Attorney Generals office. The District of Columbia has had a new mayor since the 2013-2014 fiscal year. This law states that there is a statute of limitations in Missouri. Aq. 516.097 et al. Product liability can be severe.

    A brief explanation of the rules and laws According to Chapter 9-11-2 et. We will not contact you after business hours if you fill out this form, but we will call or text you at any time. As soon as we hear back from you, well be able to review your case. Our Product Liability Law Firm can answer any additional questions about lawsuits regarding Artificial knee Replacement side effects.

    Damages From Defective Exactech Knee Replacements

    In April of 2022, Exactech issued a recall of their knee and ankle replacements containing polyethylene components due to a heightened risk of premature wear and resulting implant failure. The injuries arising from the defective products have led to a multitude of lawsuits across the country. Most of the complaints surrounding these faulty knee implant devices include joint infection, pain and swelling, tibial or femoral loosening, and nerve damage. The average lifespan of a knee implant device is 15 to 20 years, but many Exactech devices failed well before this time.

    As in any personal injury case, a plaintiff in a knee implant lawsuit can secure various types of compensation, depending on the damages the faulty device caused.

    Read Also: Why Do My Knees Hurt After Working Out

    You Have A Limited Time To File A Lawsuit

    Under Texas law, you generally have two years from the date of the occurrence of medical malpractice to file a lawsuit. Similarly, Texas law allows two years to file a product liability lawsuit.

    We can help you meet these deadlines if you call us in time. The sooner you start your case, the better you can protect your rights. Keep in mind that we may begin seeking financial recovery through an insurance claim, and negotiations can take time.

    Contact A Stryker Knee Replacement Attorney

    Knee Replacement Surgery

    Based on the information that has been found since the Class 1 FDA recall, it seems Stryker was aware or should have been aware of many of its medical device problems earlier. However, the company failed to investigate or analyze adverse event reports involving the Strkyer Triathlon knee replacement device or to perform proper design validation. There were other Stryker knee replacement devices with major problems as well.

    If you have been injured by a defective Strkyer knee replacement device, you may be entitled to compensation for your pain and suffering, medical costs, lost earnings, and loss of enjoyment of life.

    Our attorneys will determine if you are eligible to join a class-action lawsuit, keeping in mind that such legal matters take time. It could be easier in your case to secure an individual settlement faster.

    Please contact our law office today for a free legal case review.

    References

    Don’t Miss: What Is Good For Knee Health

    You Deserve Responsive Legal Care For Your Knee Injury Case

    The Law Offices of Anidjar & Levine will work hard to recover more than the average settlement for a knee injury for you or your loved one. We work on a contingency basis and do not get paid until you do. You have a limited time to file a personal injury lawsuit, so please call today for a free consultation.

    You do not have to pay us by the hour, or in a lump sum at the beginning of our working relationship. We know you could be under financial stress right now, so we keep that in mind with our payment plan.

    We want to put our knowledge, experience, and resources to work for you.

    Common Knee Injuries From Car Accidents And Knee Injuries From Falling

    The anatomy of knee pain can be difficult to diagnose. Before we look at some of the most common forms of injuries to the knee, we will take a quick look at the anatomy of the knee joint. The knee is made up of three bones, the patella , the tibia and the femur .

    The knee also includes a structure of soft tissues, muscles, and cartilage. Tendons connect the bones and muscles together whilst ligaments connect the bones to each other. These help to keep your joints stable. Injuries to the knee often involve the cruciate ligaments which are deep inside your knee joint and which control motion back and forward and the collateral ligaments. These brace the knee against unnatural sideways movement.

    Also Check: What Is The Best Therapy For Knee Pain

    How Much Should I Settle For A Knee Injury

    How much does knee pain and injury compensation cost? The average compensation for a knee injury in a personal injury claim is between $70,000 and $150,000. When it comes to serious knee injuries, the average settlement value may be much higher than the severity of the injury.

    A knee injury settlement amount is determined by a number of factors, including the strength of your case. Getting legal advice may be the best way to determine the true value of your claim. Depending on the type of injury sustained, the cost of medical care can be significant. As a result, if you sustain a knee injury, you may need additional medical care. You may also be at risk of re-injuring the knee if you have had other unexpected complications. If you have a severe knee injury, it is possible that you will require surgery, reconstruction, or even replacement. Personal injury victims in Louisiana are required to file their Louisiana personal injury lawsuits in court within one year of the accident. When you file a court document, you signal your intent to proceed to trial. If you want to file a claim for damages as soon as possible, youll have more time to prepare it.

    Why Get A Knee Replacement

    Another Defective Knee Replacement

    Knee replacements can sometimes be a controversial subject. But the truth of the matter is, for a lot of people, these are very necessary procedures. Sometimes, their only option. Knee replacement surgery is most commonly done to relieve severe pain that may be caused by osteoarthritis. Obesity can cause further progression of osteoarthritis because there is more weight the knees must carry. The chances of needing a knee replacement are 8 times higher in people with a BMI greater than 30. It becomes 28 times higher in patients with a BMI of over 35.

    Other reasons for knee replacement surgery include:

    • Sports injuries

    Patients with knee replacements usually have trouble walking, standing, and climbing stairs.

    You May Like: How Bad Is Knee Replacement Surgery

    Knee Replacement Implant Lawsuits

    If you or someone you know has experienced serious complications following knee surgery, you may be entitled to compensation due to a defective knee implant. Contact our knee replacement lawyers today for a free and confidential case evaluation.

    Every year, hundreds of thousands of patients undergo total knee replacement surgery. Total knee replacement surgery is a complex procedure that requires special implants that are designed to last 15-20 years. Newer implants are designed to last even longer. The recovery process following knee replacement can be long and difficult. But surgery and rehabilitation are worth it for many patients, allowing them to return to an active lifestyle without chronic pain.

    Unfortunately, some patients experience serious complications following knee replacement surgery. To make matters worse, knee implant manufacturers have recalled tens of thousands of defective devices, many of which were already implanted in patients. Some of these defects increase the risk of serious complications and can lead to additional surgeries, pain and suffering, or permanent disability. Even if a device has not been recalled, certain knee implants and surgical devices have been associated with higher rates of complications, including serious joint infections following surgery.

    Can I Sue If My Knee Replacement Gets Infected

    The attorneys at D. Miller & Associates, PLLC® can file a lawsuit to seek financial recovery on your behalf if your knee replacement led to a preventable infection. A defective medical device, dangerous implant, or medical malpractice can increase the risk of infections after surgery, and you may stand to recover your losses from a liable party.

    There are lawsuits pending against a number of knee replacement systems, as well as other devices used during these procedures that might increase infection risk. If your surgeon used one of these defective devices, we can help you pursue a recovery for your related medical bills, lost wages, pain and suffering, and more.

    Don’t Miss: Arthritis On The Knee Treatment

    Starting Knee Injury Compensation Claims

    Starting any kind of legal action, even if you are in the right, can often seem overwhelming and many people are put off doing so as they do not know where or even how to start the legal process. If this is you, dont worry. After suffering a knee injury the only step you need to take is to call our friendly team. We can guide you through the process of making a compensation claim.

    Torn Meniscus: How Much Compensation Can You Claim

    How To Maximize “10x” Your Personal Injury Settlement for Knee Injury: Meniscus, ACL, …

    If you have sustained a knee injury that caused you pain, suffering, or long-term debilitating problems that have impaired your quality of life, you may be entitled to compensation. Depending on the severity of the initial injury and the type of treatment required, you can expect to be compensated between $10,000 and $15,000, or as much as $115,000 or $50,000 on average. If you have been injured at work, you may be eligible for compensation of between $11,000 and $21,000.

    Also Check: Personal Injury Statute Of Limitations California

    You May Like: How Much Walking After Knee Replacement

    Largest Settlement Involving Knees

    One of the largest settlements involving knee replacements was a $1 billion payment in 2002. Sulzer Medica agreed to pay $1 billion to settle roughly 4,000 lawsuits over its hip and knee implants.

    The Swiss company recalled 25,000 joint implants in 2001 after about 200 people reported complications with the devices. The company estimated at least 17,000 people had already received the affected implants. About 90 percent of those patients were in the U.S.

    The company determined that the parts had shipped with an oily residue on the implants. It prevented bone from adhering to the devices, allowing them to loosen. The Wall Street Journal reported that 561 patients who received Sulzer knees had to have their knees replaced by the time of the settlement.

    Sulzer changed its name to Centerpulse after the recall. Zimmer acquired it in 2003 for $3.2 billion.

    Major Types Of Knee Injuries That Could Entitle Victims To Damages

    Along with aging, the Mayo Clinic lists the following as the top four types of knee injuries:

    • Fractures: You could have broken, fractured, or crushed your knee bones, including the kneecap in a car accident or a fall.
    • Anterior cruciate ligament injury: You could have torn your ACL with a violent twisting motion.
    • Torn meniscus: You could have torn the cartilage in your knee if it was suddenly twisted while bearing weight on it.
    • Knee bursitis. Your knee injuries could be caused by inflammation and repeated kneeling or overuse.

    Treatment for knee injuries ranges from icing to surgery.

    Get Answers From An Experienced Attorney.

    You May Like: Knee Pain When Walking Downstairs

    Exactech Lawsuit Update: November 8 2022

    The Exactech implant recall lawsuits in the federal court system were recently consolidated into a new class action MDL. Meanwhile, 50 Exactech lawsuits involving recalled hip and ankle implants have been filed in Florida state courts and consolidated into a state version of an MDL class action.

    An Exactech lawsuit in state court may go to trial before the federal class action. The judge presiding over the consolidated Exactech state court suits in Florida issued an Order scheduling the first trial for November 2023. This trial will function just like a de facto bellwether test trials for all Exactech lawsuits.

    Why Are People Filing Lawsuit For Knee Replacements

    DePuy Knee Replacement Recalls and Litigation

    Can you sue for bad knee replacement? Thousands of knee replacement cases have been filed against device manufacturers, including DePuy, Stryker, Zimmer, Exactech, and others, for injuries brought on by their implants.

    For a variety of legal reasons, people sue over failed knee replacements. The following are the most common grounds for a lawsuit for knee replacements:

    • The implants flaws were caused by its production, design, or marketing.
    • The manufacturer promoted the implant as safe and effective even when it wasnt.
    • The faults were known to or ought to have been known to the manufacturer.
    • Failing to warn medical professionals of the potential dangers of tibial loosening and adhesive failure in surgery

    Lawsuits for knee replacements often fall under faulty products or product liability. A class action lawsuit for knee replacements does not exist. However, you have the right to bring a case if you get a bad knee replacement.

    Most knee replacement lawsuits entail a problem that is so severe that surgery is required to address it. People who bring a lawsuit for knee replacements have either undergone revision surgery to remove a defective knee implant or scheduled surgery.

    Serious complications often indicate that your knee implant is no longer performing as intended. Or the issues can even be dangerous to your health and well-being. These issues may arise from several flaws in the development or production of your knee replacement.

    Don’t Miss: Knee Braces For Dogs Acl

    See An Example Of Tax Deduction Calculation

    A claimant sustained an injury on 1 January 2013 and brought a claim, which was eventually settled on 14 July 2014.

    An award of £20,650 was made, which represented £20,000 damages and £650 for the interest from 1 January 2013 to 14 July 2014.

    In this example, tax would be payable on the £20,650 as the interest represents the amount that the claimant would have accrued had the £20,000 been paid on the day of the injury up until the date of settlement.

    Recommended Reading: Who Are The Best Injury Lawyers

    RELATED ARTICLES

    Popular Articles