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Table Of Contents
- Quick Summary
- How S&C Can Help With Your Claim?
- Zimmer Knee Lawsuit
- Main Side Effects Named In The Lawsuits
- How Do You Qualify for a Zimmer Knee Lawsuit?
- The Status Of The Zimmer Knee Implant Litigation in New Jersey
- Zimmer Knee Lawsuit Average Settlement Amounts in New Jersey
- Filing a Zimmer Knee Lawsuit in New Jersey
- How Much Is The Zimmer Implant Lawsuit Worth in New Jersey?
- FAQs
- Get Your Free Consultation From New Jersey Zimmer Knee Implant Lawyers
Quick Summary
- Reasons for Legal Action: Many patients have opted to file lawsuits due to severe complications arising from Zimmer knee implants, such as chronic pain, mobility issues, and the necessity for revision surgeries. These issues are often attributed to possible defects in the design and manufacturing of the implants, prompting claims for product liability.
- Impact of Lawsuits on Patients: The outcomes of these lawsuits can significantly affect the lives of affected individuals. Successful claims may result in compensation that covers medical costs, loss of wages, and pain and suffering. Moreover, these cases can also drive better industry standards and practices, potentially preventing future incidents.
- Navigating Legal Steps: For those considering legal action, the first step is to consult with an attorney who specializes in medical device litigation. A qualified lawyer can offer an evaluation of your case based on the specifics of your complications and advise on the best legal strategy. They can also help navigate the complexities of New Jersey’s legal system, ensuring that your claim is filed within the statutory deadlines.
How S&C Can Help With Your Claim?
S&C can help with your claim by guiding you through the complex legal landscape of Zimmer NexGen knee lawsuits. We accept cases from across the country and offer free consultations to individuals who have had to undergo revision surgery due to device failure.
The S&C law firm evaluates the litigation potential of a Zimmer NexGen lawsuit for clients experiencing loosening and failure of the implant. They handle cases involving implant loosening, which results in the need for additional surgery.
Zimmer Knee Lawsuit
Simply put, these Zimmer knee replacement lawsuits in New Jersey, primarily focused on product liability due to defective knee implants.
In other words, patients claim that Zimmer knee implants have design or manufacturing flaws that lead to injuries or complications.
These lawsuits originated from various problems reported by the FDA with Zimmer knee implants, including packaging errors, component loosening, and left-to-right knee component mix-ups. These issues led to a surge in claims.
What Is a Zimmer Knee Implant?
According to the manufacturer, the Zimmer knee implant is a medical device engineered by Zimmer Biomet, specifically aimed by surgeons at replacing damaged knee joints to enhance mobility for patients who have undergone various types of knee surgeries [1].
These implants are surgically inserted into the patient’s hip and knee to:
- Mimic the natural function of the joint
- Alleviate chronic knee pain
- Restore the range of motion
- Greatly improves the patient’s quality of life.
During a 2010 event hosted by the American Academy of Orthopaedic Surgeons, two prominent top knee replacement surgeons shared their findings, suggesting that the failure rate for the Zimmer NexGen CR-Flex knee replacements might reach up to 9%.
They also raised concerns that the incidence of complications leading to revision surgeries could be even higher.
What Is Wrong With The Zimmer Knee Implants?
What is wrong with the Zimmer knee implants is that, unfortunately, not all have been successful. Specifically, the Zimmer Persona knee implants were recalled due to reports of radiolucent lines and loosening, which compromised bone integrity and could lead to implant failure.
In response to this, Zimmer Inc. proactively executed a voluntary recall, removing all sizes and lots of the Persona knee implants from the market. This decision resulted in over 900 federal lawsuits filed against Zimmer due to the alleged defects in the Persona knee implants.
Reasons Behind The Recall
You might be wondering why the FDA issued a Class II recall for the Zimmer Persona and NexGen knee implants. The primary reasons were the high failure rates and complications requiring revision surgery.
On March 12, 2015, the FDA issued a Class II recall for the Zimmer Persona Trabecular Metal Tibial Plate Knee Implant, encompassing all lots and sizes. This Class II recall decision was made specifically by the FDA.
Similarly, the Zimmer NexGen MIS Tibial Component, a device used in thigh bone surgeries, and other medical devices were also subjected to a Class II recall due to increased incidents of device loosening.
Zimmer Inc. has faced quite a few FDA recalls for various medical devices, including:
- NexGen Complete Knee Solution MIS Tibial Components
- NexGen TM Tibial Trays
- MIS Modular Tibial Plates and Keels
- NexGen LPS-High Flex Gender Femoral Component
The Zimmer NexGen components were approved by the FDA’s 510(k) fast-track approval process, which requires a demonstration of substantial equivalence to a previously marketed device.
Main Side Effects Named In The Lawsuits
According to MedStar Health, patients with Zimmer knee and hip replacements have frequently reported [2]:
- Pain and loosening of the knee components
- Early wear of parts, leading to discomfort and impaired mobility
- Catastrophic implant failures contributing to the implants’ premature failures
As a result of these implant failures, patients have been required to undergo revision surgeries to replace the failed components.
How Do You Qualify for a Zimmer Knee Lawsuit?
To qualify for a Zimmer knee lawsuit, you must have experienced complications after receiving a Zimmer Persona knee implant. These complications may include implant loosening, instability, pain, infection, or the need for revision surgery.
In 2010, Zimmer issued recalls for multiple knee components in its NexGen Knee Replacement system. As details about the NexGen implant problems were made public, people who suffered pain, discomfort and immune system reactions to their knee implants began filing lawsuits against the company – Katy Moncivais, Ph.D., Medical Editor from The University of Texas at Austin
Additionally, having a recalled implant, specifically the Persona Trabecular Metal Tibial Plate, which was subject to recall in a 2015 FDA recall, could also qualify a patient for a lawsuit.
Eligibility for a Zimmer knee lawsuit can also depend on whether the patient can prove the manufacturer’s negligence, such as inadequate testing, failure to warn of risks, or marketing the defective product despite known problems.
The Status Of The Zimmer Knee Implant Litigation in New Jersey
The pending Zimmer knee implant litigation in New Jersey is centralized under MDL in the Northern District of Illinois, with Judge Rebecca Pallmeyer overseeing the proceedings.
Despite Zimmer’s opposition to consolidation, citing product diversity and trade secret concerns, the judicial panel found these arguments unpersuasive and decided the lawsuits should be centralized.
Judge Rebecca R. Pallmeyer was appointed to manage the centralized cases in the district court, enhancing the efficiency of the pretrial proceedings for the numerous lawsuits involved.
The centralized management of over 1,700 individual lawsuits resulted in most cases being dismissed, withdrawn, or settled, effectively streamlining the legal process for the plaintiffs.
The Northern District of Illinois was selected as the venue to consolidate Zimmer NexGen Knee lawsuits, bringing over 1,700 cases together at its peak.
The Northern District of Illinois’s proximity to Zimmer Biomet’s headquarters and the fact that 10 of the 28 actions were pending in the other district courts were principal reasons for its selection as the MDL venue.
Zimmer Knee Lawsuit Average Settlement Amounts in New Jersey
Compensation for faulty knee replacements can encompass three components:
- Medical bills
- Lost income
- Pain and suffering
- Emotional distress
- Revision surgery costs
- Medical expenses
- Lost wages
- Other losses related to the faulty device
Individuals filing lawsuits against Zimmer knee implant manufacturers often demand compensation for these losses.
In knee replacement lawsuits, settlement amounts can vary. For example, the Sulzer Medica case averaged $200,000 per patient. However, the majority of victims are seeking a fair settlement for their injuries. They want to move forward with their lives.
Most lawsuits consolidated into the Multidistrict Litigation (MDL) against Zimmer NexGen were ultimately dismissed, with the remaining cases being settled in February 2018. This outcome reflects the possibilities for future Zimmer knee lawsuits.
While a trial can potentially result in higher compensation, it’s also more time-consuming and stressful. On the other hand, a settlement provides a quicker resolution, allowing the plaintiffs to move forward with their lives.
Filing a Zimmer Knee Lawsuit in New Jersey
If you’re considering filing a Zimmer knee lawsuit in New Jersey, working with a specialized law firm like S&C can be beneficial. The law firm’s Product Liability Litigation Group specifically handles Zimmer NexGen Knee lawsuits.
We accept new injury cases in all 50 states, illustrating their capacity to represent clients from New Jersey in Zimmer knee lawsuits.
Types of Evidence To Present
Certain types of evidence can strengthen your case when filing a Zimmer knee lawsuit. Plaintiffs typically provide medical records, expert testimony, internal company documents, and evidence of the device’s failure to adequately warn about potential dangers associated with its products.
Additionally, personal accounts of the complications experienced and any correspondence with the company regarding the implant can also serve as crucial evidence in these cases.
What is the Statute of Limitations for the Zimmer Implant Lawsuit in New Jersey?
The statute of limitations for the Zimmer implant lawsuit in New Jersey is two years from the date of injury or from the date the injury was discovered. This is a critical timeline for doctors to consider when advising patients on the possibility of legal action.
Generally, personal injury lawsuits, including those related to product liability, such as the Zimmer knee implant, need to be filed within 2 years from the date the injury occurred. So, if you’re pondering legal action, it’s imperative to act swiftly.
How Much Is The Zimmer Implant Lawsuit Worth in New Jersey?
The worth of the Zimmer implant lawsuit in New Jersey can vary greatly and depends on various factors, such as medical expenses, lost wages, and the extent of the injury.
In previous settlements with the federal government, Zimmer, one of the hip and knee replacement device manufacturers, agreed to pay $170 million in fines for accusations related to paying consulting fees to orthopedic surgeons for using their devices.
These settlements indicate that significant sums can be involved in Zimmer and knee replacement and implant lawsuits. However, each case is unique, and the worth of a lawsuit ultimately depends on the specific circumstances of each patient’s situation.
FAQs
Can I file a lawsuit if I experienced complications with my Zimmer knee replacement in New Jersey?
Yes, individuals in New Jersey who experienced complications from Zimmer knee replacements may be eligible to file a lawsuit. Consult with a personal injury attorney specializing in medical device litigation to evaluate your case.
What evidence is needed to support a Zimmer knee replacement lawsuit?
Evidence includes medical records documenting the knee replacement surgery and complications, proof of the specific implant used, expert medical testimony linking the implant to the complications, and documentation of related expenses and losses.
How long do I have to file a lawsuit for complications caused by a Zimmer knee replacement in New Jersey?
The statute of limitations for filing a lawsuit in New Jersey is typically two years from the date of injury or discovery of the injury. Consult with an attorney to ensure timely filing.
What compensation can be sought in a Zimmer knee replacement lawsuit?
Compensation can include medical expenses, lost wages, pain and suffering, emotional distress, and costs for revision surgery or additional treatments. In some cases, punitive damages may also be awarded if gross negligence is proven.
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Get Your Free Consultation From New Jersey Zimmer Knee Implant Lawyers
The team at Schmidt & Clark, LLP understands the complexity of dealing with Zimmer knee implant injuries. If such a situation has impacted you or someone close to you, we encourage you to get in touch with us. Our attorneys are well-versed in the intricacies of these cases and are committed to guiding you every step of the way.
We’ll help you understand your legal rights and determine if you have a viable claim related to complications from a Zimmer knee implant. We offer free initial consultations, and our fee structure is contingent on winning your case.
Our commitment to your well-being is as steadfast as it would be for our family members. Contact us for a comprehensive review of your situation regarding Zimmer knee implant complications.
Reference:
- https://www.zimmerbiomet.com/en/products-and-solutions/specialties/knee.html
- https://www.medstarhealth.org/services/loosening-of-the-knee-prosthesis