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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?
- Zimmer Knee Lawsuit Average Settlement Amounts in New Mexico
- Filing a Zimmer Knee Lawsuit in New Mexico
- How Much Is The Zimmer Implant Lawsuit Worth in New Mexico?
- FAQs
- Get Your Free Consultation From New Mexico Zimmer Knee Implant Lawyers
Quick Summary
- Filing a Claim: The process begins with consulting a specialized attorney who can evaluate the specifics of your situation. They will help you gather necessary medical documentation, demonstrate the link between your complications and the implant, and file a claim on your behalf, adhering to the legal standards required in New Mexico.
- Statute of Limitations: Be aware of New Mexico’s statute of limitations, which typically allows you three years from the date of discovering the injury to file a lawsuit. Missing this deadline can bar you from pursuing compensation.
- Potential Compensation: Compensation may include costs for medical treatments, lost wages if the complications have impacted your ability to work, pain and suffering, and potentially punitive damages if negligence is proven. The exact amount will depend on the severity of your injuries and the impact on your quality of life.
How S&C Can Help With Your Claim?
S&C can help with your claim by tackling the complexities of a product liability lawsuit, especially those involving medical devices like Zimmer knee implants.
At Schmidt & Clark, LLP, our expertise lies in guiding individuals through the complexities of Zimmer knee implant failure cases, offering support in several key areas:
- Providing expert legal representation tailored to Zimmer knee implant cases.
- Assisting in the process of joining existing recall lawsuits.
- Advocating for full reimbursement of medical expenses, including costs for potential future surgeries.
- Seeking compensation for the pain and suffering endured due to implant complications.
Zimmer Knee Lawsuit
The Zimmer knee replacement lawsuits encompass numerous claims filed by patients who suffered complications or injuries following the implantation of a Zimmer Persona knee. These claims allege various issues related to the implant.
These lawsuits have been centralized for pretrial proceedings in the U.S. District Court for the Southern District of New York, with active multidistrict litigation cases against Zimmer Biomet as of 2024.
In the Land of Enchantment, New Mexico, manufacturer Zimmer Biomet has not been immune to legal challenges. The company has faced significant lawsuits regarding its knee and hip implant devices, leading to substantial settlements.
In 2016, Zimmer Biomet resolved approximately 700 cases by offering a whopping $314 million in collective settlements, with individual claims receiving a base amount of $175,000. These cases underscore the serious impact these implants have had on patients’ lives and the lengths to which Zimmer Biomet has gone to resolve these legal battles.
What Is a Zimmer Knee Implant?
According to the manufacturer, the Zimmer knee implant is a product of Zimmer Biomet, designed to offer patients enhanced mobility and reduced pain through knee replacement [1].
However, these implants have not always lived up to expectations, with some patients experiencing complications such as loosening of the implant, instability, and serious infections.
The need for revision surgery is a significant issue for patients who have had Zimmer Persona knee implants due to these and other complications afterward. Patients often report ongoing pain, discomfort, and difficulty in mobility, impacting their overall quality of life.
What Is Wrong With The Zimmer Knee Implants?
What is wrong with the Zimmer knee implants is that unfortunately, they have not consistently delivered on their promise of enhanced mobility and reduced pain. Some implants have been prone to fracture, components have fit improperly, exhibited early wear, and suffered from packaging errors.
Patients often had to undergo revision surgeries due to Zimmer knee replacements’ loosening. The Zimmer NexGen CR-Flex knee replacement faced a Class II recall after prominent knee surgeons raised concerns about its early failure rate.
Evidence suggested that the Zimmer NexGen CR-Flex knee replacements had a failure rate as high as 9%, with some cases leading to revision surgery due to knee pain and implant loosening.
Reasons Behind The Recall
Acknowledging the issues with their knee implants, Zimmer Holdings entered into a confidential settlement agreement in April 2022, agreeing to fund this settlement by April 28, 2023, for plaintiffs related to knee implant recalls.
This move was a significant step towards rectifying the harm caused to patients by faulty implanted orthopedic devices, such as implants and surgical cement.
Main Side Effects Named In The Lawsuits
According to Hospital for Special Surgery 2020 research, patients with Zimmer knee implants have reported experiencing a range of complications, including [2]:
- Severe pain
- Infection
- Bone fracture
- Device failure
- Nerve damage
- Joint instability
- Dislocated joints
These complications can lead to instability and implant failure, potentially necessitating revision surgery if less invasive treatments are ineffective.
There were nearly 1,300 recalls on knee replacement systems or components between 2003 and 2019 – The U.S Food & Drug Administration
One of the manufacturer’s main issues with the Zimmer Persona Knee system includes higher-than-expected complaints of loosening or radiolucent lines, which lead to pain and decreased hip mobility, often requiring revision surgeries.
Revision Surgery
Revision surgery for Zimmer knee implants, including knee replacement surgery, is not a walk in the park. It often involves complex procedures performed by orthopedic surgeons to replace the original prosthesis with specialized implants when there is a risk of significant bone damage, especially in the thigh bone area.
Patients slated for Zimmer knee implant revision surgery must be carefully evaluated medically, utilizing imaging and potentially blood tests, to assess the condition of the knee joint and check the risk for infections.
However, risks associated with Zimmer knee implant revision surgery may include:
- Poor wound healing
- Reduction in the range of motion
- Infection
- Formation of blood clots
How Do You Qualify for a Zimmer Knee Lawsuit?
To qualify for a Zimmer knee product liability lawsuit, you must have had a Zimmer knee replacement component installed that was subject to a recall. Even without receiving a recall notice for your Zimmer knee replacement, you may still be eligible for compensation, and it is advisable to consult with a product liability attorney.
To qualify, you may need to present proof of issues with the knee replacement prosthetic, such as corrosion, loosening, dislocation, wear and tear, or misalignment. If the Zimmer knee replacement product is faulty, patients often require revision surgeries or another total knee replacement shortly after the original procedure.
A settlement from a Zimmer knee replacement lawsuit may also cover medical bills, loss of wages, future loss of earnings, and pain and suffering.
Zimmer Knee Lawsuit Average Settlement Amounts in New Mexico
If you’re a plaintiff in a Zimmer knee implant injury lawsuit in New Mexico law, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Compensation can be sought for economic and punitive damages for medical expenses and lost wages, as well as non-economic and punitive damages for pain and suffering, emotional distress, and loss of enjoyment of life.
Filing a Zimmer Knee Lawsuit in New Mexico
The process of filing a Zimmer knee replacement lawsuit here in New Mexico can be intricate. To file a successful lawsuit, you’ll need to:
- Consult with an experienced attorney
- Gather strong evidence
- Allege negligence in conducting adequate testing
- Allege failure to warn of risks
- Allege marketing a defective product despite being aware of its flaws
By following these steps, you can increase your chances of a successful lawsuit.
Types of Evidence To Present
Presenting compelling evidence is necessary for a Zimmer Knee Lawsuit. This typically involves proving that the device was defective and that it directly caused your injured your injuries or illness.
Medical and scientific experts are often relied upon during jury trials to substantiate claims about the medical device’s defects potential risks.
Types of recoverable damages in defective medical device lawsuits can include:
- Medical expenses, including future medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium.
What is the Statute of Limitations for the Zimmer Implant Lawsuit in New Mexico?
The statute of limitations for the Zimmer implant lawsuit in New Mexico is a three-year window to initiate a defective product lawsuit, starting either from the date the injury occurred or from when it was reasonably discovered.
Potential claimants must act promptly and consult an attorney as soon as possible after suspecting injuries to ensure their right to seek compensation is not lost due to the expiration of these three years.
How Much Is The Zimmer Implant Lawsuit Worth in New Mexico?
The worth of the Zimmer implant lawsuit in New Mexico is not a fixed amount and can fluctuate significantly based on the law and the specific harm and losses suffered by the plaintiff. Bellwether trials, which serve as preliminary barometers for jury reactions in similar cases, have been instrumental in helping to gauge the potential compensation range for Zimmer NexGen knee implant lawsuits.
For instance, a plaintiff in New Mexico was awarded over $2 million in a lawsuit involving a Zimmer Kinectiv hip implant system, which was found to be defective and responsible for the plaintiff’s injuries.
The compensation awarded included $1 million for pain and suffering, $480,000 for lost enjoyment of life, and approximately $462,034 for medical expenses.
FAQs
Can I file a lawsuit if I experienced complications with my Zimmer knee replacement in New Mexico?
Yes, individuals in New Mexico 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 Mexico?
The statute of limitations for filing a lawsuit in New Mexico is typically three 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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- New Hampshire Zimmer Knee Replacement Lawsuit Attorney
- New Jersey Zimmer Knee Replacement Lawsuit
See all related medical device lawsuits our attorneys covered so far.
Get Your Free Consultation From New Mexico Zimmer Knee Implant Lawyers
At Schmidt & Clark, LLP we stand by your side in these difficult moments. Should you or someone close to you suffer from the repercussions of Zimmer’s knee implant surgery, we encourage you to contact us. Our expert team is well-versed in such legal matters and will guide you through the legal maze.
We aim to clarify your entitlements and determine whether you can pursue a legal claim regarding Zimmer’s knee implant complications. Our initial consultation is free of charge, and we operate on a contingency fee basis, meaning our payment is contingent upon winning your case.
Reference:
- https://www.zimmerbiomet.com/en/products-and-solutions/specialties/knee.html
- https://www.hss.edu/conditions_revision-total-knee-replacement-faqs.asp