California Zimmer Knee Replacement Lawsuit: Get the Right Attorney

Quick Summary

• Qualification Criteria for Lawsuits: To qualify for a Zimmer knee lawsuit in California, you’ll need to demonstrate that you’ve suffered complications directly related to the implant, such as pain, loosening, or the necessity for additional surgeries. The specifics of your medical history and the timeline of events play a crucial role in establishing your case.
• Potential Compensation: Compensation in such cases may cover a wide range of damages, including medical expenses for corrective surgeries, lost income, pain and suffering, and sometimes punitive damages if egregious negligence is proven. Each case varies, so potential compensation will depend on the individual circumstances.
• Initiating Your Claim: Starting your claim involves gathering all relevant medical records, documenting your experiences, and consulting with a legal expert specializing in medical device litigation. An experienced attorney can help you navigate the complexities of California law and ensure your claim is filed within the state’s statute of limitations.

How S&C Can Help With Your Claim?

S&C can help with your claim by standing by you if you are a victim of a faulty Zimmer knee implant. By providing dedicated support from our experienced team, we focus on cases related to defective Zimmer knee implants.

We assist with obtaining compensation for additional surgeries, recovering hospital bill costs, and covering future knee replacement surgery expenses, all while committed to helping you seek accountability and justice.

Moreover, S&C’s contingency fee policy means you pay only if we secure a win. This allows you to concentrate on your recovery while we manage the legal aspects. Our team provides a free case evaluation to kick-start the claims process and determine if your case has merit.

Zimmer Knee Lawsuit

The Zimmer knee replacement lawsuit is a legal action a plaintiff has taken against Zimmer, the manufacturer of knee replacement devices, for alleged defects that have led to severe complications and device failures.

These lawsuits typically revolve around issues related to the design and manufacturing of knee replacements and the ensuing consequences, such as knee pain and the need for revision surgery.

What is a Zimmer Knee Implant?

According to the manufacturer, the Zimmer knee implant is an artificial knee replacement system known as the Zimmer NexGen CR-Flex, constructed from porous fiber metal and a cobalt-chromium-molybdenum alloy [1].

Initially touted as a cutting-edge solution for knee pain, the Zimmer NexGen CR-Flex has unfortunately not lived up to the expectations of many orthopedic surgeons and patients. The Zimmer NexGen knee replacement implants have been linked to severe medical complications due to design defects and early failure.

Reports suggest that 36% of Zimmer knee implants were loose after two years, a failure rate indicating significant issues with the CR-Flex model. This high failure rate led to Zimmer recalling over 100,000 NexGen Knee components in 2010 and 2014.

What Is Wrong With The Zimmer Knee Implants?

What is wrong with the Zimmer knee implants is that they have been linked to a spectrum of complications. Patients have reported high failure rates, which often lead to persistent pain and limited mobility.

Unfortunately, these issues frequently necessitate revision surgery to correct or replace the faulty implants. Such complications have been linked to inherent issues with the design and manufacturing of the implants.

The recurrent theme in Zimmer knee lawsuits has been:

• The premature loosening of the implant
• Instability
• Pain
• Limited mobility
• The need for revision surgery

Reasons Behind The Recall

The severity of the problems associated with Zimmer knee implants, which are used to replace damaged parts of the thigh bone, led to recalls.

According to the FDA notice, in March 2015, the device manufacturer Zimmer Inc. issued a recall of all sizes and lots of the Persona Trabecular Metal Tibial Plate knee implant components. This recall was prompted by reports of implant loosening, chronic pain, and early device failure [2].

The FDA classified this recall as a Class II recall, which means the use of the device could lead to temporary or medically reversible adverse health consequences. Complaints leading to the recall included issues such as device loosening and the development of radiolucent lines, indicating a loss of connection to the supporting bone structures.

Main Side Effects Named In The Lawsuits

|According to the NIH, the lawsuits filed against Zimmer knee implants stem from numerous complications and negative side effects experienced by patients. These side effects include [3]:

• Pain
• Swelling
• Stiffness
• Loosening
• Bone or device fractures
• Infection
• The need for revision surgery

Bear in mind that these complications go beyond mere physical discomfort and inconvenience, leading to permanent pain. They can cause substantial financial strain and emotional distress, reducing the quality of life for the patients.

Thousands of people have filed knee replacement lawsuits in recent years — most of which claim the devices loosened because of a design defect or other flaw. – Dr. Aimee Hachigian-Gould, ORTHOPEDIC SURGEON and Fellow of the American Academy of Orthopaedic Surgeons

How Do You Qualify for a Zimmer Knee Lawsuit?

To qualify for a Zimmer knee lawsuit, you must first have received a Zimmer knee replacement component that was subject to a recall.

Furthermore, you may qualify if you have experienced any of the following complications from the faulty knee replacement:

• Joint pain
• Swelling
• Infections
• Nerve damage
• Bone grinding
• Fractures
• Loss and difficulty with walking or standing

Moreover, eligibility for knee replacement lawsuits may also hinge on whether you had to undergo revision surgery or a total knee replacement due to the original recalled implant failing prematurely.

The Status Of The Zimmer Knee Implant Litigation in California

The current state of Zimmer knee implant litigation in California consists of ongoing lawsuits, settlements, and trials. Numerous cases center on supposed serious design defects and manufacturing flaws. For instance, the Zimmer NexGen knee implants have faced litigation due to cases where plaintiffs alleged that the devices became unstable and required revision surgery.

In 2018, Zimmer settled for the remaining lawsuits in a multi-district litigation (MDL), but the settlement amount remains confidential.

The MDL involving Zimmer NexGen Knee cases is now closed. However, Zimmer knee implant litigation status in California is part of a broader legal landscape that includes several manufacturers and models of knee replacements facing lawsuits for similar issues.

Zimmer Knee Lawsuit Average Settlement Amounts in California

Like any other legal case, the exact amount and settlement amounts in Zimmer Knee Lawsuits in California can differ significantly. The settlement amount usually depends on factors such as:

• The severity of medical complications
• Future medical costs
• Rehabilitation costs
• Pain and suffering
• Punitive damages

In addition to these factors, the settlement amount can also depend on the impact of the faulty knee implant on the victim’s life, such as loss of ability to work and enjoy life as they used to. Now, let’s scrutinize further the compensation types and significant settlements in these lawsuits.

Zimmer Biomet has a history of settling knee implant lawsuits. In 2012, they agreed to a $56 million settlement. Following this, in February 2018, Zimmer settled the remaining lawsuits in the MDL. However, the specific amounts resolved in these settlements were not disclosed to the court or the public.

Despite these settlements, Zimmer Biomet successfully defended several trials related to NexGen Knee litigation, securing victories in the initial trial of November 2015, followed by further successes in October 2016 and January 2017. These wins have likely influenced the settlement negotiations and shaped the course of ongoing litigation.

Filing a Zimmer Knee Lawsuit in California

If you have suffered injuries from a faulty Zimmer knee implant and want to pursue legal action, you must understand how to file a lawsuit in California. The first step is to contact a specialized lawyer experienced in Zimmer defective knee implant cases to discuss your situation and explore potential compensation.

Also, it is imperative to be aware of the specific statute of limitations for filing a Zimmer knee lawsuit in California, ensuring your claim is made within the prescribed legal period in state and federal courts.

Types of Evidence To Present

Gathering pertinent evidence to back up your claim is crucial in preparation for a Zimmer knee lawsuit. This often includes expert witness testimony. Expert witnesses, such as orthopedic surgeons and medical experts, are often brought in to provide testimony on the medical aspects of Zimmer knee lawsuits.

Additionally, expert witnesses can also provide specialized knowledge on topics such as biomechanics, materials science, physical therapy, and the expected longevity of knee implants. This specialized knowledge can be crucial in proving the validity of your claim and securing a favorable outcome.

What is the Statute of Limitations for the Zimmer Implant Lawsuit in California?

The statute of limitation for the Zimmer implant lawsuit in California is typically two years from the date when the injury is or should have been discovered. This period is crucial for those considering a product liability lawsuit, including cases involving Zimmer implants.

However, California law also allows victims to file a product liability lawsuit based on when the injury was actually discovered, particularly relevant for cases involving defective medical products.

Therefore, if you’re considering legal action, it’s crucial to understand these timelines and consult with a legal professional to ensure you adhere to these deadlines.

How Much Is The Zimmer Implant Lawsuit Worth in California?

The worth of a Zimmer implant lawsuit in California is not easily quantified, as it depends on a multitude of factors, including the severity of the patient’s complications, the accumulation of medical expenses, lost wages due to inability to work, and the overall impact of the faulty implant on the patient’s life.

Each of these aspects contributes to the complexity of determining a lawsuit’s value, making it a highly individualized assessment. For instance, a patient who has undergone multiple revision surgeries or who has had long-term disability due to a faulty implant may find that the value of their lawsuit is considerably higher.

For example, if a patient has experienced multiple revision surgeries or has suffered from long-term disability due to the faulty implant, the lawsuit’s worth may be higher.

FAQs

What is the typical duration of a Zimmer knee replacement lawsuit in California?

The duration can vary widely depending on the complexity of the case, the court’s schedule, and whether the case is settled out of court or goes to trial. It could take anywhere from several months to a few years.

How does the discovery process work in a Zimmer knee replacement lawsuit?

During discovery, both parties gather and exchange information relevant to the case. This includes medical records, depositions, interrogatories (written questions), and expert reports.

What are some common outcomes of Zimmer knee replacement lawsuits?

Common outcomes include financial compensation for medical expenses, lost wages, pain and suffering, and sometimes punitive damages. In some cases, settlements may also include non-monetary terms such as changes in company practices.

Related Articles:

• Arkansas Zimmer Knee Replacement Lawsuit
• Alabama Zimmer Knee Replacement Lawsuit Attorney
• Arizona Zimmer Knee Replacement Lawsuit

See all related medical device lawsuits our attorneys covered so far.

Get Your Free Consultation From California Zimmer Knee Implant Lawyers

At Schmidt & Clark, LLP we stand by your side during these trying times. Should you or someone close to you suffer from injuries stemming from Zimmer knee implant surgeries, we encourage you to get in touch with us. Our seasoned attorneys specialize in such cases and will guide you every step of the legal process.

We’ll explain your legal options and determine whether you have grounds for a Zimmer knee implant lawsuit. Our case evaluations are free, and our fees are contingent upon securing a victory for you.

Reference:

1. https://www.zimmerbiomet.com/en/products-and-solutions/specialties/knee.html
2. https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRes/res.cfm?ID=133978
3. https://www.nationalinjuryhelp.com/faqs-zimmer-persona-knee-implants/