Oregon Zimmer Knee Replacement Lawsuit: Get the Right Attorney

Quick Summary

• Understanding the Legal Landscape: The Oregon Zimmer knee lawsuit addresses cases where patients have experienced adverse effects like pain or the need for revision surgeries due to Zimmer knee implants. These lawsuits generally argue that the issues stem from defects in the design or manufacturing of the implants, or a failure by Zimmer to adequately warn patients and doctors of potential risks.
• Eligibility for Joining the Lawsuit: If you’ve suffered complications like significant pain, mobility issues, or the necessity of additional surgeries directly linked to your Zimmer knee implant, you may be eligible to participate in the lawsuit. Verifying your eligibility typically involves a detailed review of your medical history and implant records to establish a direct link between your health complications and the Zimmer knee implant.
• Steps to Take Legal Action: The first step in joining the lawsuit is to consult with a legal expert who specializes in medical device litigation, preferably one with experience in Zimmer knee cases. An attorney can help you understand the specific legal nuances of filing a claim in Oregon, gather the necessary medical evidence, and guide you through the process of legal documentation and court proceedings.

How S&C Can Help With Your Claim?

S&C can help with your claim by providing legal representation and support throughout the Oregon Zimmer knee replacement lawsuit process.

Specializing in Zimmer knee implant claims, they are adept at:

• Organizing claims
• Negotiating settlements
• Sending demand letters to the manufacturer
• Gathering evidence
• Engaging with insurance companies

With the right attorney, you can look forward to a swift and successful resolution of your claim.

Zimmer Knee Lawsuit

The first class action lawsuit centers around the complications patients have experienced with the Persona Knee system, such as the loosening of the implant and associated pain.

The high percentage of these implants that have required revision surgery is the primary trigger for the legal class action lawsuit against the manufacturer.

The lawsuit has garnered attention due to the significant number of patients experiencing issues and needing revision surgeries, highlighting a widespread problem with the implants.

What Is a Zimmer Knee Implant?

According to the manufacturer, the Zimmer knee implant is a product from Zimmer Biomet, which was once touted as the most advanced and anatomically accurate knee replacement system available. Initially embraced by the medical community in Oregon, the Zimmer Persona Knee System has received a lot of backlash due to its complications [1].

Many patients in Oregon began experiencing severe complications with the Zimmer knee implants, such as loosening and pain. To make matters worse, the rate of patients requiring revision surgery after receiving Zimmer knee implants was notably high in the state, indicating a pattern of implant failure.

Orthopedic surgeons have pointed out that Zimmer knee implants’ failures aren’t due to surgeon error early failure, as the manufacturer claims. Instead, they attribute these failures to design flaws.

This assertion has been backed by evidence presented by several prominent knee surgeons, indicating a failure rate as high as 9%, many of which required revision surgery.

Studies conducted in Oregon and elsewhere have revealed a high incidence of Zimmer knee replacements with implant loosening, necessitating corrective surgeries. The unanimous opinion of the orthopedic community is clear: the problem lies not with the surgeons but with the design of the Zimmer knee implants, which may contribute to knee replacement loosening.

What Is Wrong With The Zimmer Knee Implants?

What is wrong with the Zimmer knee implants is that the company acted negligently in releasing and marketing the Persona Knee system.

They argue that Zimmer failed to conduct adequate testing, did not provide sufficient warnings about the risks, and continued to promote the product despite being aware of potential issues.

In Oregon, punitive damages can be part of a lawsuit against Zimmer Biomet if the plaintiffs can demonstrate that the company’s actions amounted to gross negligence or intentional misconduct.

This means that if Zimmer Biomet is found to have knowingly put a faulty product on the market, it could face significant monetary penalties.

Reasons Behind The Recall

The problems with the Zimmer knee implants led to recalls, including a 2015 FDA recall, due to high rates of implant failure that affected about 11,000 devices. The recall specifically targeted the Persona Trabecular Metal Tibial Plate due to issues such as unexpected loosening and the presence of radiolucent lines.

During the recall, Zimmer Inc. sent out Urgent Medical Device Recall notices, instructing all sizes and lots of the affected products to be quarantined. The voluntary recall of the Persona Trabecular Metal Tibial Plate was officially terminated on March 13, 2018, bringing an end to a tumultuous chapter in the company’s history.

While the recall provided some relief to affected patients, it also highlighted the seriousness of the issues with the Zimmer knee implants. For many, the recall was a confirmation of the serious problems they had been experiencing, providing them with the impetus to seek legal redress.

Main Side Effects Named In The Lawsuits

In the Zimmer knee lawsuits, plaintiffs have named several side effects that they’ve experienced. A significant problem arises from the tibial plate, which is part of the shin bone, connecting to the thigh bone without cement.

This issue requires careful consideration and potential resolution. This design can lead to the leg tibia or bone failing to grow around the pegs and secure the implant, leading to the loosening of the implant.

Poor seating of the tibial plate triggers a cascade of issues such as:

• pain
• inflammation
• fluid buildup around the joint
• bone damage caused by debris from the implant

Patients with Zimmer Persona Knee implants have reported the following problems:

• Loosening of the implant
• Dislocation or instability
• Pain
• Infections

These issues often result in the need for additional surgeries to replace or fix the faulty devices. All these side effects contribute to patients’ suffering and form the crux of the lawsuits against Zimmer Biomet.

The primary causes of knee implant failure are wear and loosening, infection, instability, leg fractures, or stiffness – Dr. Amar Ranawat, Orthopedic Surgeon at Hospital For Special Surgery, New York

Revision Surgery Risks and Costs

Revision surgery for Zimmer knee implant complications, such as adverse events such as Zimmer knee implant failure, is often a complex and risky process. Common complications include exchanging the polyethylene insert or replacing the loose tibial component with a new model.

The risks associated with knee revision surgery include:

• Knee pain
• Infection
• Blood clots
• Bone loss
• Fractures
• Nerve damage
• Possibility of leg length discrepancy

These risks can add to the physical and emotional burden of chronic pain that patients already bear, making their journey to recovery even more challenging.

How Do You Qualify for a Zimmer Knee Lawsuit?

To qualify for a Zimmer knee lawsuit, you must have experienced complications, including joint pain, swelling, infections, nerve damage, bone issues, and difficulties walking or standing.

Individuals who have had to undergo revision surgery or a total knee replacement within a short period after the initial left knee surgery due to problems with the Zimmer knee replacement device may also be eligible for legal action.

Certain specifics of your case, such as the type of Zimmer knee replacement implant, the date of the original knee replacement surgery, and the onset of complications, are significant factors in qualifying for a lawsuit.

The Status Of The Zimmer Knee Implant Litigation in Oregon

To understand where we stand today, it’s essential to look at the status of Zimmer knee implant litigation in Oregon. In 2011, a decision was made to centralize all federal lawsuits related to issues with Zimmer NexGen knee replacements in an MDL in the U.S.

This was done to streamline the legal process and handle the cases more efficiently. District Court for the Northern District of Illinois for pretrial proceedings. This included lawsuits filed in Oregon.

This MDL has been instrumental in managing the large number of lawsuits filed against Zimmer. Over 900 federal lawsuits have been centralized into this MDL, demonstrating the scale and scope of litigation against Zimmer.

The initial bellwether trial, which concluded with a jury finding Zimmer not liable, serves as a test case and does not determine the outcome of subsequent Zimmer knee implant lawsuits.

Zimmer Knee Lawsuit Average Settlement Amounts in Oregon

When it comes to Zimmer knee lawsuits, one of the most common questions is about the potential settlement amounts.

Although there is no standard settlement because each case is unique, average compensation in similar cases has ranged from tens of thousands to several hundred thousand dollars, depending on the specific circumstances of each case.

Filing a Zimmer Knee Lawsuit in Oregon

Filing a Zimmer knee lawsuit in Oregon requires careful preparation and an understanding of the legal requirements. It’s not just about filling out a form and waiting for the court to decide. It involves gathering evidence, meeting the statute of limitations, and seeking legal representation.

The first step in filing a lawsuit is to gather all the necessary evidence. This includes:

• Medical records showing the implant and subsequent issues
• Imaging tests that reveal problems with the implant
• Documentation of complications and treatments related to the Zimmer knee implant

Types of Evidence To Present

The evidence you present when filing a Zimmer knee lawsuit can make or break your case. The evidence should clearly demonstrate the product’s defects and can include reports or complaints against the manufacturer.

Documentation that can help your case includes:

• Itemization of medical expenses
• Records of treatment and therapies
• Evidence of injuries or losses attributed to the defective Zimmer knee implant

Expert witnesses may be necessary to provide testimony on complex medical devices or explain the nuances of how a device’s malfunction caused harm. The discovery process during the lawsuit can involve exchanging documents and taking depositions under oath to uncover all the facts relevant to the case.

All this evidence collectively forms the backbone of your lawsuit and can significantly influence the outcome of your case.

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

The statute of limitations for the Zimmer plant lawsuit in Oregon is two years from the date of injury or a few years from the date the injury was discovered. However, some exceptions can extend this deadline.

For instance, if a plaintiff was incapacitated at the time of the medical malpractice or if they were not aware of the risks associated with the implant, the statute of limitations can be extended.

Even after the typical statute of limitations period has passed, courts may accept a personal injury claim if the situation qualifies for tolling, which essentially pauses the countdown.

How Much is The Zimmer Implant Lawsuit Worth in Oregon?

The worth of a Zimmer implant lawsuit in Oregon depends on the damages claimed, including economic, non-economic, and potentially punitive damages.

Economic damages can cover financial losses, including all medical treatments related to the complications and any lost income resulting from the inability to work.

Non-economic damages may include compensation for pain, suffering, mental anguish, scarring, disfigurement, and loss of life enjoyment or companionship.

Punitive damages are awarded in cases where Zimmer Biomet is found to have displayed gross negligence or willful misconduct regarding its Persona Knee system.

These damages can significantly increase the worth of a lawsuit, especially in cases where the plaintiffs can prove that Zimmer Biomet knowingly put a faulty product on the market.

FAQs

Are there any support groups for patients with defective knee replacements in Oregon?

Yes, there are support groups and online forums where patients share their experiences and offer support. Your healthcare provider or attorney may have recommendations.

How can I keep track of all my expenses related to my knee replacement issues?

Keep detailed records of all medical bills, travel expenses for medical appointments, lost wages, and any other costs related to your knee replacement complications. Organize receipts and statements in a dedicated folder.

What role do expert witnesses play in a knee replacement lawsuit?

Expert witnesses, such as orthopedic surgeons and medical device engineers, provide specialized knowledge and testimony to support the claims of product defect and medical harm.

Related Articles:

• North Dakota Zimmer Knee Replacement Lawsuit
• Ohio Zimmer Knee Replacement Lawsuit Attorney
• Oklahoma Zimmer Knee Replacement Lawsuit

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

Get Your Free Consultation From Oregon Zimmer Knee Implant Lawyers

Schmidt & Clark, LLP is here to support you during challenging times. If you or a loved one has experienced injuries due to complications from Zimmer knee implant surgery, don’t hesitate to contact us. Our team possesses extensive experience in handling such cases and will navigate you through the legal proceedings. We’ll provide clarity regarding your rights and assess your eligibility for a lawsuit related to Zimmer knee implant issues. 

Our consultations are complimentary, and we only charge fees upon successfully winning your case. Reach out to us for a thorough evaluation of your Zimmer knee implant concerns.

Reference:

1. https://www.zimmerbiomet.com/en/products-and-solutions/specialties/knee.html