Colorado Zimmer Knee Replacement Lawsuit Attorney

Quick Summary

How S&C Can Help With Your Claim?

S&C can help with your claim by providing expert legal assistance to patients struggling with complications from Zimmer Persona Knee implants, offering a ray of hope and a path to justice.

S&C Lawyers bring a wealth of expertise in product liability law and a commendable track record in the courtroom, ensuring clients are awarded for the harm caused by defective medical devices.

They fight vigorously for their client’s right to compensation, which includes:

• Recovery for personal injuries
• Recompense for time lost due to surgeries and recovery periods associated with the defective knee replacement system
• Access to 24/7 legal consultation services to answer all questions and assist clients in understanding their rights and options

Zimmer Knee Lawsuit

Zimmer knee replacement lawsuits are teeming with individuals who have endured complications post-fitting of Zimmer knee implants. They have taken up their legal swords to pursue action against Zimmer. Zimmer knee implants are defective in design and manufacture, leading to increased risks of complications and failures.

The litigation landscape is evolving, with the number of lawsuits and legal discussions around Zimmer’s orthopedic devices, specifically implants, continuing to develop.

The main allegations in these lawsuits involve devices being prone to premature failure, necessitating painful and costly revision surgeries.

Patients who’ve had to bear the brunt of these implant failures may seek damages for medical expenses, lost wages, pain and suffering, and other potential losses.

What Is a Zimmer Knee Implant?

According to the manufacturer, Zimmer knee implant is a knee replacement device that unfortunately landed in the spotlight for all the wrong reasons [1]. The Zimmer Persona knee implant was subjected to a voluntary recall by the manufacturer in 2015 due to issues with the tibial plate.

Legal claims filed in Zimmer Persona lawsuits stem from complications patients experienced, such as pain, discomfort, and mobility difficulties that negatively impacted their quality of life.

Patients with Zimmer knee implants reported experiencing the following issues:

• Loosening
• Dislocation
• Fracture
• Wear
• Infection

These issues often require additional surgeries. Studies have concluded that recalls like this often stem from device design issues, inadequacies in process control, and problems encountered during the premarket approval phase.

The FDA’s analysis of total knee arthroplasty device recalls from 2007 to 2017 indicated that device design was a leading cause of recall, raising concerns regarding the design quality and safety of knee implants, including Zimmer’s products.

The Zimmer Natural-Knee II System Modular Cemented Tibial Baseplate was recalled due to the tibial polyethyelene not affixing to the baseplate as intended. – Carl Pellerin, Resident Physician (Ophthalmology) at Texas Tech University Health Sciences Center

What Is Wrong With The Zimmer Knee Implants?

What is wrong with the Zimmer knee implants is the focus of numerous lawsuits filed by injured patients against Zimmer Biomet. These legal actions allege negligence on the part of the manufacturer due to inadequate testing, failure to warn of risks, and marketing a product that is defective.

The complications associated with these implants are not trivial; they pose an increased risk of device failure and have led to significant physical, emotional, and financial burdens on patients.

High-flex knee prosthetics, in particular, have drawn concerns over defects that can lead to serious complications, like the need for revision surgeries involving the thigh bone. It’s a grim tale of negligence and product failure that has left many patients in pain and distress, sparking a wave of lawsuits against Zimmer Biomet.

Reasons Behind The Recall

The voluntary recall of the Zimmer Persona Trabecular Metal Tibial Plate took place on January 28, 2015, and was publicly announced on March 12, 2015.

This recall, classified as a Class II recall, was due to an increased number of complaints about loosening and radiolucent lines affecting all lots and sizes of the Persona Trabecular Metal Tibial Plate.

This wasn’t a minor issue; approximately 12,000 implants were affected by the recall which had a worldwide distribution, including the United States and various international countries.

These recalls serve as evidence in lawsuits that the device was potentially unsafe, and they raise concerns about the discrepancy between manufacturer-provided reasons for the recall and those determined by the FDA.

The approval of medical devices such as knee implants heavily relies on the Food and Drug Administration (FDA). They have two principal pathways to approve these devices: the premarket approval (PMA) process for devices that affect human life and could pose a significant risk, and the 510(k) clearance for devices substantively similar to existing models.

Main Side Effects Named In The Lawsuits

One of the main contentions in Zimmer knee implant lawsuits involves side effects like device loosening, premature failure, and the need for revision surgeries, which have a devastating impact on patients’ quality of life.

Zimmer has faced over 15,000 lawsuits related to its NexGen knee implant, with patients alleging issues such as device loosening and premature failure.

The NexGen high-flex knee replacement systems by Zimmer, intended to improve the range of motion, have been associated with a high rate of revision surgeries due to failing knee replacements.

These complications include persistent pain, device loosening, and in some cases, manufacturing flaws prompting recall. These side effects underscore why so many patients have sought legal recourse.

According to the HSS research from 20202, symptoms of Zimmer knee implant failure can include [2]:

• Persistent pain
• Infection
• Bone fractures
• Decreased joint function
• Swelling
• Stiffness
• Knee instability
• Implant loosening

Severe side effects reported by Zimmer knee replacement patients include:

• Pain
• Infection
• Bone fracture
• Device failure

These complications, including bone loss, can often lead to the need for revision surgery. Additionally, complications like blood clots and nerve damage stemming from Zimmer knee implants can lead to serious health issues and negatively impact quality of life.

How Do You Qualify for a Zimmer Knee Lawsuit?

To qualify for a Zimmer knee lawsuit, you must have experienced device loosening, instability, and required revision surgery due to the implant’s defects. Patients who have faced complications like pain, stiffness, swelling, or more serious issues such as bone or device fractures and infections from their Zimmer knee replacement may be eligible for a lawsuit.

The timing of the knee replacement surgery and when the complications were first noticed are critical pieces of information as they relate to the statute of limitations for filing a lawsuit.

The specific brand and model of the knee replacement are important details in determining whether a patient qualifies for a lawsuit as different manufacturers and models have faced different allegations.

The Status Of The Zimmer Knee Implant Litigation in Colorado

As of 2023, across the United States, 1,300 Zimmer NexGen knee product liability lawsuits are pending, with additional potential claimants possibly affected by the statute of limitations.

In March 2023, Judge Rebecca R. Pallmeyer overseeing the consolidated federal cases identified six cases as part of the initial tranche of Zimmer NexGen bellwether trials.

Bellwether trials are test cases that help parties gauge the potential outcomes and values of claims typical to the class, often leading to settlement discussions.

The lawsuits against Zimmer include allegations of product defects, negligence, and failure to warn, with claims that certain configurations of the Zimmer NexGen knee systems are prone to early failure necessitating additional surgery.

Zimmer Knee Lawsuit Average Settlement Amounts in Colorado

The average settlement amounts in Colorado Zimmer knee lawsuits depend on a variety of factors, including the extent of the injury, the impact on the patient’s life, and the financial losses incurred.

Historically, these settlements can range significantly, with some cases reaching into the hundreds of thousands of dollars. Injured patients may seek compensation for past and future medical expenses, lost wages, and loss of earning capacity resulting from Zimmer knee implant failures.

Patients may also be entitled to non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life after experiencing complications from defective Zimmer knee implants.

In instances of gross negligence or willful misconduct related to the Zimmer knee implant, punitive damages could be awarded with the intention to punish the defendant and deter similar future conduct.

Legal Options for Affected Patients in Colorado

Legal options for affected patients in Colorado encompass individual lawsuits, class action lawsuits, and seeking guidance and representation from specialized law firms.

Patients pursuing individual lawsuits may allege that Zimmer Biomet prioritized profits over safety, which could lead to the award of punitive damages if gross negligence or willful misconduct is proven.

Specialized law firms offer expertise in medical device litigation and provide free consultations to discuss the adverse events caused by defective Zimmer knee implants.

Class action lawsuits against Zimmer Biomet can streamline the litigation process, allowing plaintiffs to share legal expenses but may result in less individualized compensation compared to separate lawsuits.

Filing a Zimmer Knee Lawsuit in Colorado

Initiating a Zimmer knee lawsuit in Colorado begins with a medical evaluation by a healthcare professional to assess any injuries related to a Zimmer knee implant. Documentation of this medical evaluation is a critical component of the evidence required for legal proceedings.

Next, patients should pursue a free and confidential case evaluation to ascertain if they are eligible for a product liability lawsuit, individual or class action lawsuits.

Types of Evidence To Present

Presenting several types of evidence is necessary when filing a Zimmer knee lawsuit. It’s vital to maintain a detailed record of all medical appointments, treatments, and communications with healthcare providers regarding Zimmer knee implant issues.

Keeping a thorough pain diary pointing out the severity, frequency, and triggers of pain can illustrate the impact of the Zimmer knee implant on your daily life.

In addition, tracking all financial expenses related to the Zimmer knee implant, including costs for treatments, medications, and any necessary assistive devices, can support your legal claim.

Let’s not forget about photographic evidence. Snapping photos of the knee area and any visible signs of injury or malfunction can greatly support a legal claim.

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

The statute of limitations for the Zimmer implant lawsuit in Colorado typically spans two years from the date of injury discovery.

Therefore, consulting with a legal expert without delay is essential to avoid forfeiting your right to file a lawsuit.

How Much Is The Zimmer Implant Lawsuit Worth in Colorado?

The worth of a Zimmer implant lawsuit in Colorado is determined by a multitude of factors. The severity of the complications experienced, the need for revision surgery, and the impact on the patient’s quality of life all influence the settlements in the Zimmer implant lawsuits.

The value of a Zimmer knee implant lawsuit in Colorado can be influenced by several factors, including:

• The claimant’s age, lifestyle, and severity of the knee injury
• The number of revision surgeries required
• The amount of medical bills incurred to date and anticipated in the future

These factors are crucial in determining the lawsuit’s worth.

The potential award of punitive damages to punish the manufacturer for putting profits before consumer safety may also contribute to the overall worth of the Zimmer implant lawsuit in Colorado.

FAQs

Can I join an existing class-action lawsuit for Zimmer knee replacements?

Yes, if a class-action lawsuit has been filed and you meet the criteria, you may be able to join. Your attorney can help determine if joining a class-action lawsuit is appropriate for your situation.

What are punitive damages, and can they be awarded in Zimmer knee replacement cases?

Punitive damages are intended to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. They may be awarded if it is proven that Zimmer acted with gross negligence or willful misconduct.

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

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.

Related Articles:

• Arkansas Zimmer Knee Replacement Lawsuit
• California 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 Colorado Zimmer Knee Implant Lawyers

If you or someone you know has suffered injuries from a Zimmer knee implant, Schmidt & Clark, LLP are prepared to stand by your side. Our seasoned attorneys specialize in these complex cases and will guide you through every step of the legal process.

We’ll help you understand your rights and determine if you’re entitled to file a lawsuit for Zimmer knee implant complications. Our case evaluations are offered at no cost, and our fees are contingent on winning your case.

Reference:

1. https://www.zimmerbiomet.com/en/products-and-solutions/specialties/knee.html
2. https://www.hss.edu/conditions_revision-total-knee-replacement-faqs.asp