Kansas Zimmer Knee Replacement Lawsuit Attorney

Quick Summary

• Eligibility Criteria: To join the Kansas Zimmer knee lawsuit, you must demonstrate that you have suffered complications such as pain, swelling, or the need for revision surgery due to the implant. Your eligibility largely depends on the specifics of your medical condition and the timing of your implant surgery.
• Navigating the Legal Journey: The legal process can be complex, involving multiple steps from filing a complaint to potential court appearances. An experienced attorney can help navigate these waters, ensuring that your claim is properly documented, filed on time, and presented effectively in court.
• Potential Compensation: Victims of faulty Zimmer knee implants may be eligible for various forms of compensation, including medical expenses for additional surgeries, lost wages if they’ve been unable to work, and damages for pain and suffering. In some cases, punitive damages may also be awarded if egregious conduct by Zimmer is proven.

How S&C Can Help With Your Claim?

S&C can help with your claim by being a steadfast ally amidst the complexities of medical device lawsuits.

Our dedication to clients is evident in their provision of:

• Free case evaluations for Zimmer knee implant lawsuit claims
• Comprehensive case analysis to establish an effective legal strategy
• Claim submission, intensive investigation, and relentless defense of client’s rights in court or settlements

S&C utilizes its profound understanding of knee implant lawsuits to offer enlightened representation. They might even enhance a client’s claim by referring to information from previous settlements and governmental actions against orthopedic companies, as well as consulting with several prominent knee surgeons and Orthopaedic surgeons.

Zimmer Knee Lawsuit

The Kansas Zimmer Knee Lawsuit is a substantial legal case encompassing plaintiffs who have lodged claims against the medical device titan Zimmer Biomet. The claimants, a group of individuals who have received knee replacements in Kansas, allege that the knee implants manufactured by Zimmer are defective, leading to harm and necessitating additional surgical interventions.

Zimmer Biomet, a leading manufacturer of medical devices, finds itself in the line of fire due to these alleged defects in its knee implants. The company, which has been in the business of defective medical devices for decades, is known for its knee replacement products, including the Zimmer NexGen Knee, which has been at the center of the lawsuits.

These lawsuits have revealed the various issues patients have faced after receiving Zimmer knee implants. The plaintiffs claim that these faulty knee implants have caused them undue suffering, hampering their mobility and quality of life. This has opened up a Pandora’s box of questions and concerns about the safety and reliability of Zimmer’s knee implants.

What Is a Zimmer Knee Implant?

According to the manufacturer, the Zimmer knee implant is a medical device that has become synonymous with Zimmer Biomet, a company whose name is well-recognized in the orthopedic community. These implants are a popular choice among orthopedic surgeons for conducting knee replacement surgeries [1].

A Zimmer knee implant is a medical device engineered to replace a damaged or diseased knee joint. Crafted from durable materials, these implants simulate the movement of a natural knee, offering pain alleviation and enhanced mobility to patients grappling with knee pain or arthritis.

The Zimmer NexGen Knee, a notable product of the company, was conceived to provide a higher degree of flexion or bending compared to traditional knee replacements.

What Is Wrong With The Zimmer Knee Implants?

What is wrong with the Zimmer knee implants is primarily the issue of loosening, which has been a less-than-ideal experience for patients with Zimmer NexGen knee replacement implants. This loosening of defective implants can lead to decreased stability and increased pain, severely hindering the patient’s mobility and overall quality of life.

According to a study by researchers at the Rush University Medical Center in Chicago, 36% of Zimmer NexGen CR-Flex knee replacements exhibited loosening within two years of implantation, based on an examination of nearly 110 patients who received these specific knee replacements.

In addition to knee replacement loosening, patients have also experienced a limited or decreased range of motion post-total knee replacement surgery. This goes against the very purpose of a knee implant, which is designed to enhance mobility. The limited range of motion, coupled with the loosening of the implant, makes everyday activities a challenge, causing significant distress to patients.

The culmination of these issues has led to the need for knee revision surgery for some patients. A revision surgery, which involves replacing the faulty implant, is an additional surgery that is not only physically draining but also emotionally taxing and financially burdensome.

People filed lawsuits over the DePuy Attune and Zimmer NexGen knees because the devices failed to attach to patients’ bones, which made the knee replacements unstable. Patients needed revision surgery to repair the loose implants. – Dr. Aimee V. Hachigian-Gould, Orthopedic Surgeon in Great Falls

Reasons Behind The Recall

The multitude of issues with Zimmer knee implants resulted in their recall and early failure, sparking the enduring legal conflict. Nevertheless, Zimmer Biomet staunchly defended their knee implants in court, securing victories in the initial three trials in the litigation concerning their Zimmer NexGen Knee lawsuits.

In January 2018, Zimmer Biomet reached a confidential settlement, resolving all remaining NexGen knee replacement lawsuits in state and federal courts. The company defended the Zimmer NexGen knee replacement by arguing that it did not have a design defect and was designed to offer greater flexibility.

Throughout the bellwether trials, Zimmer Biomet argued that the plaintiffs could not establish proof of defective design or insufficient warnings. The district court also supported this defense by excluding testimony from a plaintiff’s expert witness, citing inconsistencies and a lack of substantive new conclusions.

Main Side Effects Named In The Lawsuits

The Zimmer knee implant lawsuits have highlighted the array of side effects patients have encountered post-implantation.

According to the Centeno-Shultz Clinic 2021 research, these side effects include [2]:

• Excessive wear
• Instability
• Loosening
• Pain
• Premature failure
• Restricted motion

These complications not only induce physical discomfort and chronic pain but also impinge on the patient’s quality of life, curtailing their mobility and independence.

Notably, the Zimmer Persona Knee System was subject to a recall of 11,658 tibial plate implants in early failure of 2015 after an increase in complaints of loosening, an issue also associated with other Zimmer knee replacement devices. This recall highlighted the seriousness of the loosening issue and its prevalence among patients with Zimmer knee implants.

How Do You Qualify for a Zimmer Knee Lawsuit?

To qualify for a Zimmer knee replacement lawsuit, you must have experienced complications such as loosening or instability with your Zimmer knee replacement device. Additionally, eligibility can be influenced by the occurrence of a device recall, as certain models of knee implants have been recalled due to defective design or other identified issues.

Potential plaintiffs should:

• Have undergone knee replacement surgery
• Started noticing complications within the statute of limitations for knee replacement cases, which varies by state
• Consider the brand and model of the knee replacement device involved in knee replacement lawsuits, as certain brands and models have been the subject of more lawsuits due to serious complications.

The Status Of The Zimmer Knee Implant Litigation in Kansas

The current state of Zimmer knee implant litigation in Kansas encompasses ongoing lawsuits and potential future legal proceedings. As per the latest update in 2023, there are 1,300 Zimmer NexGen knee product liability lawsuits pending nationwide, with lawsuits filed by several victims possibly at risk of forfeiting their rights due to statutes of limitations.

Judge Rebecca R. Pallmeyer has identified six cases to be part of the “initial tranche” of Zimmer NexGen bellwether trials. These trials are test cases used to help determine the potential outcome and value of class claims. They are expected to influence settlement discussions.

Despite the ongoing challenges, Zimmer Biomet continues to defend its products. The company has contested claims of premature weakening and loosening of their devices, noting that plaintiffs did not offer evidence of a safer alternative design. It’s an uphill battle, highlighting the complexities involved in medical device litigation.

Potential Future Litigation

While the present litigation is substantial, the prospect of future legal disputes should not be dismissed. Considering that Zimmer Biomet is among the largest orthopedic companies, manufacturing a significant portion of knee and hip implants and thigh bone replacements in the U.S., they may confront more lawsuits due to an increased number of implant failures.

The medical device industry, including companies like Zimmer Biomet, often faces ongoing legal challenges due to the nature of product liability and its impact on patient health.

As Zimmer Biomet continues to innovate and release new knee replacement products, the potential for future litigation exists, particularly if any of these new products experience similar issues to those seen in past recalls or lawsuits.

Zimmer Knee Lawsuit Average Settlement Amounts in Kansas

Regarding average settlement amounts in Kansas Zimmer knee lawsuits, precise details are elusive. Most settlement amounts are not openly disclosed, rendering it challenging to gauge the average. Nevertheless, prior settlements and verdicts can offer some insights into potential compensation.

In 2019, Zimmer Biomet agreed to a confidential settlement in the Zimmer NexGen Knee litigation, resolving almost all of the remaining 279 lawsuits. This followed a series of wins for Zimmer in trials that spanned from November 2015 to March 2017, culminating in a settlement agreement in January 2018 and its finalization in February 2019.

While these settlements give a sense of potential compensation, it’s crucial to remember that every case is unique. The settlement amounts in Zimmer implant lawsuits are affected by factors such as the severity of the injury, complications encountered, and the existence of short or long-term disability.

Filing a Zimmer Knee Lawsuit in Kansas

Once you have decided to pursue legal action in Kansas, the initial step is to establish a solid foundation for your case. This involves the meticulous collection and organization of evidence to support your claim of complications or issues with your Zimmer knee implant. The evidence must be compelling enough to demonstrate the direct impact of the implant on your health and well-being.

Types of Evidence To Present

Presenting the right evidence is crucial in a Zimmer knee lawsuit. This evidence should clearly show the complications you’ve experienced as a result of your Zimmer knee implant.

Medical records documenting the implantation of the Zimmer knee device and subsequent complications are vital evidence. These records can provide a clear timeline of events, showing when the faulty knee implant was placed and when complications began.

X-rays or other imaging tests showing radiolucent lines or gaps between the implant and the bone can also be crucial evidence for qualifying for a lawsuit. These imaging tests can visually demonstrate the issues with the implant, providing concrete evidence of the complications.

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

The statute of limitations for Zimmer implant lawsuits in Kansas refers to the deadline for filing a lawsuit. This can vary depending on the specifics of your case and the state’s laws.

It’s important to be aware of these deadlines, as failing to file a lawsuit within the statute of limitations can result in the loss of your right to seek compensation.

Consultation with a legal professional can help you in the following ways:

• Determine the statute of limitations for your case based on the specific circumstances and complications you’ve experienced.
• Guide on filing deadlines.
• Help you navigate the legal process, ensuring that your rights are protected.

How Much Is The Zimmer Implant Lawsuit Worth in Kansas?

The worth of the Zimmer implant lawsuit in Kansas is highly variable, reflecting the unique circumstances and details inherent to each case.

Factors that can impact the worth of lawsuits claim of a lawsuit include:

• The severity of the injury
• Complications encountered
• The existence of short or long-term disability
• Potential compensation

Looking at past settlements and verdicts can provide some insight into potential compensation. For example, in 2016, Zimmer Biomet Holdings settled hundreds of lawsuits with a base award of $175,000 per hip for a total of $314 million.

Individual district court amount awards for Zimmer implant lawsuits have reached millions, with notable verdicts including $3.55 million in Iowa in 2020 and $21 million in St Louis in 2020 for a plaintiff’s catastrophic tissue damage.

FAQs

Can I file a lawsuit if I received my Zimmer knee replacement outside of Kansas?

Yes, you can file a lawsuit regardless of where the surgery took place. Consult with an attorney to determine the best jurisdiction for your case.

What should I do if my insurance company refuses to cover costs related to my defective knee replacement?

Consult with your attorney, who can help negotiate with the insurance company or include these costs in your lawsuit for compensation.

How can I protect my legal rights during the lawsuit process?

Follow your attorney’s advice, document all interactions related to your knee replacement, avoid signing anything without legal counsel, and stay informed about your case.

Related Articles:

• Illinois Zimmer Knee Replacement Lawsuit
• Indiana Zimmer Knee Replacement Lawsuit Attorney
• Iowa Zimmer Knee Replacement Lawsuit

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

Get Your Free Consultation From Kansas Zimmer Knee Implant Lawyers

If you or someone you care about has suffered complications following a Zimmer knee implant procedure, Schmidt & Clark, LLP is ready to stand by your side. Our seasoned team has a wealth of expertise in these types of cases and will guide you through the legal process.

We’ll shed light on your entitlements and meticulously determine if you have a valid claim involving Zimmer knee implant complications.

Reference:

1. https://www.zimmerbiomet.com/en/products-and-solutions/specialties/knee.html
2. https://centenoschultz.com/symptoms-of-a-loose-knee-replacement/