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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 South Carolina
- Zimmer Knee Lawsuit Average Settlement Amounts in South Carolina
- Filing a Zimmer Knee Lawsuit in South Carolina
- How Much Is The Zimmer Implant Lawsuit Worth in South Carolina?
- FAQs
- Get Your Free Consultation From South Carolina Zimmer Knee Implant Lawyers
Quick Summary
- Identifying Specific Zimmer Models Involved: First, it’s crucial to determine which specific Zimmer knee implant models are currently involved in litigation. Some models may have a higher incidence of complications leading to lawsuits, such as pain, loosening, or the need for revision surgeries. Knowing the specific model and its track record can strengthen your case.
- Steps to Filing a Lawsuit: Initiating legal action begins with documenting your medical history related to the Zimmer knee implant, including any complications and treatments you have undergone. The next step is to consult with a personal injury lawyer who specializes in medical device litigation. They can guide you through the process of filing a lawsuit in South Carolina, ensuring that all legal requirements are met, including adhering to the statute of limitations.
- Potential Compensation: Compensation in such cases typically covers medical expenses, lost wages, pain and suffering, and sometimes punitive damages if negligence can be proven. The amount of compensation varies depending on the severity of your complications, the impact on your quality of life, and the specifics of the legal findings.
How S&C Can Help With Your Claim?
S&C can help with your claim by providing essential legal support in knee implant failure cases. We guide affected individuals in seeking compensation for additional corrective surgery that may be required due to the malfunction of the device.
Furthermore, Schmidt & Clark can offer:
- Guidance through the legal process
- Representation for clients with defective knee implant complications
- Analysis of a patient’s unique case for lawsuit viability against Zimmer Inc.
So, the next time you feel overwhelmed by the complications from your Zimmer knee replacement, remember that help is just a phone call away.
Zimmer Knee Lawsuit
Stepping into the world of Zimmer knee replacement lawsuit, you’ll find a myriad of cases related to defective devices, early failure, loosening of the implant, and pain after knee replacement surgery. This is a troubling scenario, considering that knee replacements are supposed to improve mobility and quality of life.
Yet, many patients in South Carolina have experienced a range of complications with Zimmer knee replacement systems, leading to additional surgeries and financial burdens.
What’s even more concerning is the trend linking these complications to specific Zimmer models. Reports have indicated a higher rate of loosening and pain associated with the NexGen CR Flex, a Zimmer knee replacement model.
This situation underscores the importance of doctors understanding the potential risks associated with knee implants and the benefits of seeking legal assistance for potential lawsuits.
What Is a Zimmer Knee Implant?
According to the manufacturer, the Zimmer knee implant is a knee replacement system designed to replace damaged parts of the knee joint so that surgeons can alleviate pain and restore mobility [1].
However, their widespread use has attracted attention due to reports of complications, leading to heightened scrutiny.
These complications have sparked discussions about the safety and reliability of these implants and have served as the basis for numerous lawsuits.
Not all Zimmer knee implants are created equal. The Zimmer NexGen CR-Flex and Zimmer NexGen knee replacement models have been at the center of loosening claims in South Carolina.
The problematic Zimmer NexGen CR-Flex device is identified as a Femoral implant. Essentially, this femoral implant acts as a synthetic end for the femur, or thigh bone, where it joins with the tibia in the knee area.
The main problem is related to the ‘high-flex’ porous femoral component. It connects the knees to the bottom of the thigh bone. This component has been linked to complications, further emphasizing the need for thorough investigation and legal action.
What Is Wrong With The Zimmer Knee Implants?
What is wrong with the Zimmer knee implants is the tendency to loosen, leading to pain and discomfort that often require additional surgery.
These issues with Zimmer knee implants have led to the need for revision surgeries. Infections and bone or device fractures have compounded the problems, causing severe distress to patients. It’s a grim reality that underscores the importance of being fully informed about the potential risks associated with knee implants and the options available should complications arise.
Reasons Behind The Recall
According to the FDA’s 2021 notice, the reasons behind the recall of Zimmer knee implant products are essential as we delve deeper into the issue. Zimmer Biomet knee replacement-related products have been subject to numerous recalls due to various issues, with at least 355 recalls recorded between 2003 and 2018 [2].
Furthermore, research at the Rush University Medical Center in Chicago showed that Zimmer NexGen CR-Flex knee replacements had a 9% revision surgery rate. A staggering 36% showed signs of loosening within two years. These alarming statistics led to investigations into the reliability of Zimmer knee implants and eventually contributed to the recall.
Fast-forward to November 2017, when a recall of 13,227 units of the Gender Solutions Patello-Femoral Joint System was initiated due to packaging problems. This was followed by another recall in January 2016, when Zimmer Biomet had to recall 42,064 knee implants because of concerns that packaging could stick to parts and affect their sterility.
Throughout 2017, over 28,000 joint components were recalled due to elevated endotoxin levels and other packaging issues. More than 65,000 NexGen MIS tibial components were recalled over time because of defects. This history of recalls paints a concerning picture of Zimmer knee implant reliability.
The Zimmer NexGen knee replacement system, particularly the high-flex components, has faced loosening and failure issues. The FDA has issued safety communications regarding these problems. Patients with implant concerns should report to the FDA’s online submission form to aid in patient safety and accountability.
Main Side Effects Named In The Lawsuits
A closer look at the lawsuits reveals the side effects of knee replacements, underscoring the importance of being aware of the risks associated with surgical implants.
These complications often involve:
- Device loosening and instability leading to revision surgeries
- Knee pain following implantation
- Restricted motion and instability as side effects
- Disruption of daily life and significant patient distress caused by side effects
Specific devices have been named in lawsuits due to their associated side effects. For instance, the Arthrex iBalance Total Knee Arthroplasty Tibial Tray was recalled due to a smooth outer surface that differed from the intended textured parts, leading to device loosening and revision surgery.
The primary causes of hip and 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
How Do You Qualify for a Zimmer Knee Lawsuit?
To qualify for a Zimmer knee lawsuit, you must have experienced complications with Zimmer Biomet knee replacement components that have been recalled. Eligibility is often determined by whether you have suffered from joint pain, swelling, infections, nerve damage, bone issues, or difficulty walking or standing as a result of a Zimmer knee replacement. If such complications have occurred, you may be eligible to file a lawsuit.
However, qualification can also depend on the presence of specific issues with the knee replacement, including corrosion, loosening, dislocation, wear and tear, or misalignment. Those who have had to undergo revision surgery or another knee replacement prematurely due to a faulty Zimmer knee product may also qualify for compensation.
Eligibility for a settlement can include reimbursement for medical expenses, lost wages, future loss of earnings, and pain and suffering. It’s crucial to discuss your case with a legal expert to understand your potential eligibility.
The Status Of The Zimmer Knee Implant Litigation in South Carolina
The landscape of Zimmer knee implant litigation in South Carolina is multifaceted. Those who have experienced complications with their knee replacements, particularly with models like the Exactech Optetrak or the Zimmer Persona Trabecular Metal Tibial Plate, have the option to seek legal recourse.
Within Zimmer knee implant litigation, the terms “individual” and “multidistrict” litigation may arise. Multidistrict litigation (MDL) streamlines complex litigation by consolidating similar federal lawsuits from different districts. This allows for more efficient case management by preventing duplicate discovery and preserving resources for law alone.
On the other hand, while MDL plaintiffs retain their lawsuits for a potential trial, cases that cannot be resolved during the MDL may be remanded back to their original courts for individual proceedings. Understanding these legal terms and their implications can help you make better decisions about your lawsuit.
Each Zimmer knee implant lawsuit represents a patient’s struggle with pain and the burden of multiple surgeries. In South Carolina, individuals with Zimmer NexGen CR-Flex implants have faced repeated procedures due to pain and infections, highlighting the severe consequences of implant failures. These cases illustrate the personal and legal challenges posed by defective knee implants.
Zimmer Knee Lawsuit Average Settlement Amounts in South Carolina
When it comes to the financial aspect of Zimmer knee replacement lawsuits, settlement amounts can vary. Victims of knee implant failure in South Carolina may be eligible to receive compensation for medical expenses, lost wages, and pain and suffering.
Significant compensation amounts have been achieved in past knee replacement cases, including multi-million dollar verdicts. The largest settlement was $1 billion, and individual settlements in cases like Sulzer Medica reached $200,000 per patient.
However, settlement negotiations with insurance companies in South Carolina can take between three to six months. This is an important factor for plaintiffs to consider in terms of lawsuit duration and potential financial planning.
Remember, prompt action in filing a knee replacement lawsuit is crucial, as early implant failure rates may necessitate additional surgeries and impact the claimant’s ability to seek compensation.
Filing a Zimmer Knee Lawsuit in South Carolina
There are a series of steps involved in filing a Zimmer knee lawsuit in South Carolina. If you suspect your knee implant is failing, seeking medical treatment should be the immediate first step, which is necessary for both your health and any potential personal injury case.
After seeking medical treatment, the next steps in a personal injury case typically involve an investigation into the accident or incident, which can take several months.
It’s important to understand that dissatisfaction with a knee implant can arise from various sources, including unmet expectations or surgery-related issues, as it can affect the direction and outcome of a legal claim.
Types of Evidence To Present
Collecting and presenting a comprehensive suite of evidence is imperative when building your case for a Zimmer knee lawsuit.
Some of these documents include:
- Medical records of knee implant surgery and follow-up care.
- Log of post-surgery symptoms and issues.
- Dates of all surgeries related to the knee implant.
- Medical bills and lost wages evidence.
- Communications with healthcare providers about the implant.
These documents are essential in establishing a strong legal claim and demonstrating the full extent of the impact of knee implant complications on your life.
What is the Statute of Limitations for the Zimmer Implant Lawsuit in South Carolina?
The statute of limitations for the Zimmer implant lawsuit in South Carolina is three years from the date of injury or the date when the injury should have been reasonably discovered.
Individuals who have encountered issues with their knee replacements may be eligible to file a lawsuit if the knee replacement device was implanted in 2011 or later or if they underwent revision surgery on an implant that was less than eight years old.
It’s crucial to discuss your case with a legal expert to ensure your lawsuit is filed within these legal time limits.
How Much Is The Zimmer Implant Lawsuit Worth in South Carolina?
The worth of the Zimmer implant lawsuit in South Carolina is variable and hinges on numerous case-specific factors. Historically, settlements for defective knee replacements like those involved in Zimmer implant litigation have often reached around $200,000 per patient, but the exact value can differ greatly depending on the unique details and impacts of each individual’s circumstances.
FAQs
What should I bring to my initial consultation with a medical device attorney in South Carolina?
Bring all relevant medical records, proof of the knee replacement implant, documentation of expenses related to the complications, and any communication with healthcare providers or the manufacturer.
What are common defenses used by manufacturers in medical device lawsuits?
Common defenses include arguing that the complications were caused by factors other than the implant, asserting that the implant was properly tested and approved, and claiming that the patient did not follow post-surgical care instructions.
What should I do if I am contacted by Zimmer Biomet or their insurance representatives?
Do not provide detailed information or sign any documents without consulting your attorney. Direct all communications to your legal representative.
What steps should I take immediately if I suspect my knee replacement is failing?
Seek medical attention promptly to assess the condition of the implant and receive appropriate treatment. Document all medical visits and symptoms in detail.
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- Oregon Zimmer Knee Replacement Lawsuit
- Pennsylvania Zimmer Knee Replacement Lawsuit Attorney
- Rhode Island Zimmer Knee Replacement Lawsuit
See all related medical device lawsuits our attorneys covered so far.
Get Your Free Consultation From South Carolina Zimmer Knee Implant Lawyers
At Schmidt & Clark, LLP we stand by your side during difficult times. Should you or someone you care about suffer from injuries stemming from Zimmer knee implant surgeries, we encourage you to reach out.
Our seasoned attorneys specialize in these complex cases and will guide you through each step of the legal process. We’re committed to ensuring you understand your rights and will meticulously determine your suitability for a Zimmer knee implant lawsuit.
Our initial consultation is free of charge, and we operate on a contingency fee basis—meaning we only get paid if we win your case. Contact us for a comprehensive review of your case regarding Zimmer knee implant complications.
Reference:
- https://www.zimmerbiomet.com/en/products-and-solutions/specialties/knee.html
- https://www.fda.gov/medical-devices/postmarket-requirements-devices/recalls-corrections-and-removals-devices