what type of lawyer can i get for a knee replacement case that is three years old

What are the different specialties of knee replacement lawsuits?

Reviewer specialties include internal medicine, gastroenterology, oncology, orthopedic surgery and psychiatry. Thousands of people have filed knee replacement lawsuits in recent years — most of which claim the devices loosened because of a design defect or other flaw.

What is active knee replacement MDL litigation?

The Zimmer NexGen Knee Implant multidistrict litigation is currently the only active knee replacement MDL. A federal panel combined the first 18 cases in an Illinois federal court in August 2011.

Is there a statute of limitations on a knee replacement case?

There’s a statute of limitations for knee replacement cases that varies depending on the state in which you live. Knowing when your surgery took place and when you started noticing complications from the device can help your attorney build your case. What brand is your knee replacement device?

Are there any lawsuits against DePuy knee replacements?

Though most of the recent lawsuits name DePuy and Zimmer, people have also claimed injuries from other models of knee replacements including B. Braun and Arthrex Inc. At least 25 people sued B. Braun in a California court in 2017. All said they had to have revision surgery after their knee replacements failed.

How much is a knee replacement case worth?

How Much Compensation Will I Get For A Knee Injury Case? The average compensation payout for a knee injury in a personal injury case is between $70,000 to $150,000. The more serious knee injuries can have much higher than average settlement values. One out of every 12 knee injury verdicts is over $1 million.

Can I sue for a failed knee replacement?

Even if only a small percentage of implants fail, flawed devices can injure hundreds or thousands of patients. Lawsuits over several different types of knee implants are underway. Most are individual cases. Only one mass litigation is currently taking place in federal court and it is in the settlement phase.

How long is knee replacement disability?

Knees, hips, and ankles, all fall into the category of a major weight-bearing joint. Most joint surgeries do not result in disability. The reason for that is most people recover after surgery in under one year. To receive disability benefits, you must have at least one year of disability to be found disabled.

What are limitations with knee replacement?

Disadvantages of Knee Replacement SurgeryReplacement Joints Wear Out Requiring Additional Surgery. ... Deep Vein Thrombosis (DVT) ... Anesthesia Complications. ... Infection. ... Artificial Joint Becomes Loose or Dislocates. ... Differences in Leg Length. ... Allergic Reactions. ... Nerve Damage.More items...•

What are the signs of knee replacement failure?

What are the signs of knee replacement failure? The most common symptoms of a failed knee implant are pain, decrease in joint function, knee instability, and swelling or stiffness in the knee joint.

Is there any recalls on knee replacements?

Nearly 1,000 implant parts used in knee surgeries have been affected by DePuy, Zimmer-Biomet and Stryker knee replacement recalls....Knee Recalls by Manufacturer, 2003 - 2018.Knee Replacement ManufacturerKnee RecallsDePuy Synthes485Zimmer Biomet*355Stryker125Smith & Nephew151 more row

Is osteoarthritis of the knee considered a disability?

Osteoarthritis is considered a disability by the Social Security Administration (SSA). Osteoarthritis can be debilitating, causing severe pain and mobility issues. Many joints can be affected by osteoarthritis, including the knee. Even tricompartmental osteoarthritis or osteoarthritis in the knee is a disability.

Can you get disability for arthritis in your knees?

Many people may wonder is arthritis a disability. Yes. Arthritis can prompt incapacity, as can numerous other mental and physical conditions. If your arthritis confines your daily movements, or activities you may qualify for disability benefits.

What causes pain years after knee replacement?

Loosening of the implant: This is most often the cause of pain years or decades after the knee replacement; however, it is seldom the cause of persistent pain right after surgery. 3 Infection: Infection is a serious and worrisome concern. Any increase in pain after knee replacement should raise concerns for infection.

What is the most commonly reported problem after knee replacement surgery?

Knee Stiffness One of the most common problems people experience after knee replacement is a stiff knee joint. Often these symptoms can cause difficulty with normal activities including going down stairs, sitting in a chair, or getting out of a car. Management of a stiff knee joint after replacement can be a challenge.

What is the newest procedure for knee replacement?

Minimally-invasive quadriceps-sparing total knee replacement is a new surgical technique that allows surgeons to insert the same time-tested reliable knee replacement implants through a shorter incision using surgical approach that avoids trauma to the quadriceps muscle (see figure 1) which is the most important muscle ...

How soon can you have a second knee replacement?

Many surgeons recommend scheduling the two knee replacement surgeries approximately three months apart. A small number of surgeons may consider scheduling surgeries as close as one week apart.

What are average knee replacement settlement amounts?

The average settlement amount or knee replacement lawsuit payout can vary greatly depending on the extent of problems caused by the defective impla...

How is a knee replacement lawsuit payout calculated?

Any settlement offer should be negotiated based on what an individual would receive as a knee replacement lawsuit payout if their case goes to tria...

Can I sue over a failed knee replacement?

Yes, depending on the type of knee implant and cause of the failure, a knee replacement lawsuit can be pursued against the manufacturer or a surgic...

Should I pursue a knee replacement malpractice lawsuit against the surgeon?

In the vast majority of cases involving a failed knee replacement, claims are only pursued against the manufacturers of the defective or recalled i...

Is there a Statute of Limitations on Knee Replacement Lawsuits?

In most states, the statute of limitations for knee replacement lawsuits is two years or three years. However, some states have shorter or longer d...

How long should knee replacements last?

While manufacturers suggest that a total knee replacement should last 15 to 20 years, this is not always the case. The American Association of Hip...

How Do I Know If My Knee Replacement Has Been Recalled?

The best ways to determine whether your specific make and model of knee replacement was recalled include: Knee Recall Letter: The easiest way to kn...

Are there costs to hire a knee replacement lawyer?

There are absolutely no out-of-pocket costs to review your case or hire a knee replacement lawyer at Saiontz & Kirk, P.A. Potential claims are eval...

What causes a knee replacement failure within a few years?

Some of the most common causes of knee replacement failure include: Knee replacement loosening and wear For an implant to effectively support the k...

What types of knee implants may fail?

Metal on Plastic Knee Replacement Metal on plastic knee replacements are the most common and feature either a cobalt-chromium, titanium, zirconium,...

How long does a knee replacement last?

Following a total knee replacement (TKR), the new joint is typically expected to last about 20 years . However, several different types of knee implants introduced in recent years have been linked to higher-than-expected rates of complications, often leading to the need for risky revision surgery.

Is there a fee for knee recall?

All knee recall lawsuits were handled by our attorneys on a contingency fee basis, which means that there are never any out-of-pocket expenses to hire our law firm and we only receive a fee if compensation is secured for our client. However, new claims are no longer being accepted or investigated for knee replacement complications.

Is there a product liability lawsuit against knee implants?

As defects with different knee implants continue to surface, a product liability lawsuits have been filed in courts nationwide.

How to contact a lawyer for knee replacement?

For a free confidential consultation with our Knee Replacement Implant Lawyers at our law firm, please call 1-800-988-8005 or submit an email inquiry above. For more information about ...

How long does a knee replacement last?

Total knee replacement surgery is a complex procedure that requires special implants that are designed to last 15-20 years. Newer implants are designed to last even longer. The recovery process following knee replacement can be long and difficult. But surgery and rehabilitation are worth it for many patients, allowing them to return to an active lifestyle without chronic pain.

What happens if you don't recall knee implants?

Some of these defects increase the risk of serious complications and can lead to additional surgeries, pain and suffering, or permanent disability. Even if a device has not been recalled, certain knee implants and surgical devices have been associated with higher rates of complications, including serious joint infections following surgery. ...

Is knee replacement surgery bad?

Unfortunately, some patients experience serious complications following knee replacement surgery. To make matters worse, knee implant manufacturers have recalled tens of thousands of defective devices, many of which were already implanted in patients. Some of these defects increase the risk of serious complications and can lead to additional ...

Can you get compensation for a defective knee implant?

If you or someone you know has experienced serious complications following knee surgery, you may be entitled to compensation due to a defective knee implant. Contact our knee replacement lawyers today for a free and confidential case evaluation.

Is Levy Konigsberg LLP accepting knee replacement cases?

Contact our Knee Replacement Implant Lawyers to review whether you or a loved one may be entitled to financial compensation. Levy Konigsberg LLP is currently accepting Knee Replacement Implant cases in all 50 states.

What is knee replacement?

Knee replacements are used to replace worn-out bones so you can get back to walking, running and dancing without pain. These medical devices have a complicated history that includes lawsuits and recalls. Find out more and see if you should speak with an attorney about a knee replacement lawsuit.

When was knee replacement first performed?

Knee replacements, believe it or not, date back to the late 1800s.

How many lawsuits are there for knee implants?

Medical device lawsuits often take this format, because there are usually a great number of patients who are experiencing complications from the same implant product. There is currently only one multidistrict litigation for knee implants.

Why do people sue for knee replacement?

People sue over knee replacements for various legal reasons. The most popular reasons for knee replacement lawsuits are the following: The implant was marketed as safe and effective when the manufacturer knew that it wasn’t. The implant’s defects were related to its manufacture, design or marketing. The manufacturer knew or should have known about ...

Why are knee implants recalled?

There have been many knee implant devices recalled over the years. Reasons range from device loosening to packaging defects, the latter of which might be a reason you never heard about a specific recall. The recall could have been initiated by the Food & Drug Administration, but it’s far more common that a company recalled its own product for a specific reason.

How long does it take to file a lawsuit for knee replacement?

Each state has a statute of limitations, which is the time available to file your knee replacement lawsuit. Once you are past that time frame, you lose the ability to file. Some states only offer one year for cases, so get this done. A lawyer will be able to preserve your claim.

What causes knee pain?

A hereditary condition is something that develops because of genetics. This can include genetic diseases caused by an abnormality or some kind of mutation. Basically, it’s your parents’ fault, so feel free to blame them.#N#Some genetic conditions that could cause knee pain include the following:

Why are knee replacements recalled?

manufacturers have been recalled by the Food and Drug Administration due to manufacturing defects or high rates of device failure which result in serious injury. Most recently, in 2017, the U.S. Food and Drug Administration issued a recall for a Zimmer Regenerex knee replacement that appeared to be faulty, but the company had been a prior subject for several FDA recalls. Other manufacturers including Johnson & Johnson’s DePuy, Stryker, and Smith & Nephew also have a history of multiple recalls for their hip and knee implants.

What are the complications of knee replacement?

The most common knee replacement complications include swelling, pain and stiffness. Rare, more serious complications include loosening, bone or device fractures, infection and the need for revision surgery.

What causes a knee replacement to swell?

Infection, inflammation, or swelling of the knee. Damage to the joint, bone, muscle, or nerves. Loosening of the knee replacement device. Popping, clicking, or crunching noises. Mobility issues such as standing or walking.

How many manufacturers of artificial knee implants are there?

There are more than a dozen manufacturers of artificial knee system implants. A variety of issues can cause knee failures.

Why is knee replacement revision surgery painful?

Knee replacement revision surgery is a second surgical procedure that occurs as a result of a defective implant, component, medical malpractice, or other problem that led to problems with the original surgery. In many cases, revision is more painful for the patient and difficult for the surgeon to perform. Additionally, patients may require longer ...

Can knee replacement surgery cause emotional pain?

Let your knee replacement lawyer know if you’ve been doing physical therapy or at-home exercises to manage your pain. Knee pain can also have an emotional impact on your life, so be prepared to discuss what you’ve been doing to combat the emotional effects you’ve been dealing with post surgery.

Can knee replacements be used long term?

Despite changes in potential patient populations, most currently available knee replacements, were not intended to be used for patients that still had several decades of mobility left and were never tested for long-term use. Some of the devices currently in use were never tested at all, but relied on a shortcut approval pathway which allowed for manufacturers to avoid costly testing. Devices approved under the 510 (k) pathway have failed at alarmingly high rates, some within one to two years of placement.

What is knee replacement lawsuit?

Knee replacement lawsuits claim that the devices had manufacturing or design flaws that caused them to fail. They cite problems so serious that people needed additional surgery to repair or replace their faulty knee implants. Knee replacement is the most common type of joint replacement surgery.

Why are there lawsuits for knee replacement?

Why people have filed knee replacement lawsuits: Excessive wear. Instability.

How many times has the Attune implant failed?

As of June 2017, the Attune implant had racked up nearly eight times as many adverse event reports to the Food and Drug Administration. Attune failures also required nearly 10 times as many surgeries to replace the device compared to the Persona, according to the journal.

What happened to Depuy Synthes knee implants?

Lawsuits say this caused the artificial knees to loosen and resulted in instability, unusual swelling, decreased range of motion and persistent pain.

Why did the ceramic knee implants loosen?

The lawsuit claimed patients’ ceramic knee implants loosened when the cement used to attach the devices to their bones failed. The suit says the ceramic surface allowed moisture to collect between the implants and the cement that attached them to bones.

What is the lawsuit against Smith and Nephew?

People have begun filing lawsuits against Smith & Nephew over the company’s first-generation Journey BCS knees. Lawsuits claim the parts of the implants that connected them to the thigh bone or the lower leg bones loosened.

What happened to David Love's knee?

David and Marcia Love of Jackson County, Missouri, filed a lawsuit in 2018, after David Love’s Attune knee had to be replaced . Love’s lawsuit claims he was plagued with persistent pain and instability for two years before his revision surgery. The lawsuit says the surgeon “diagnosed Mr. Love with a ‘failed tibial component’” that had become “grossly loose.”

What are the lawsuits against knee implants?

Knee replacement lawsuits claim the devices loosened, became unstable and required revision surgery to correct the problems. Depuy Attune, Zimmer NexGen and Arthrex iBalance are among the knee implants named in lawsuits. In the largest knee replacement lawsuit settlement, Sulzer Medica paid $1 billion to settle 4,000 hip and knee implant cases.

What are the complications of knee replacement?

The most common knee replacement complications include swelling, pain and stiffness. Rare, more serious complications include loosening, bone or device fractures, infection and the need for revision surgery.

Why did people file lawsuits over Depuy Attune and Zimmer NexGen knees?

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.

Why do I need revision surgery for my BCS knee?

Lawyers are also accepting cases from people with Journey I BCS knee implants who’ve needed revision surgeries because of loosening of the device’s femoral component. These complications are painful and surgery can be risky and costly.

How many cases are pending in the Depuy lawsuit?

The company and the patients who sued agreed to keep the amount confidential. There were 179 cases still pending as of July 2019. Though most of the recent lawsuits name DePuy and Zimmer, people have also claimed injuries from other models of knee replacements including B. Braun and Arthrex Inc.

How many Journey I BCS knee systems were sold?

The company began phasing out the product around the same time. But it sold approximately 42,050 Journey I BCS Knee Systems globally before discontinuing the device.

When was NexGen knee replacement recalled?

In 2010, Zimmer recalled 68,000 NexGen Knee components, warning that the knee replacement could loosen if the device was not fully cemented or a stem was not used. The U.S. Food and Drug Administration received more than 100 reports of the knees loosening prematurely.

How many people have had knee replacement surgery?

Since 1994, nearly 1.5 million people have undergone knee replacement surgery with Zimmer NexGen CR-Flex knee implants. Unfortunately, these devices have recently become the subject of much controversy as the result of:

What is BCIS knee surgery?

Bone Cement Implantation Syndrome (BCIS) is a rare but serious complication of knee replacement surgery that occurs when bones spontaneously release fat and marrow into the bloodstream after bone cement is injected. When these substances migrate into the bloodstream, they can clog arteries in the lungs and/or heart.

What is knee replacement?

A knee replacement is needed in cases of a shattered knee, multiple torn or ripped muscles and ligaments or a knee that has been destroyed structurally to the extent that it needs to have a full open surgery to be able to reconstruct or partially or wholly replace the knee.

How much does a knee replacement cost?

There are cases on the lower end that range from $50,000 to $100,000 for less severe injuries which result in knee replacements.

How much is arthroscopic knee surgery settlement?

Arthroscopic knee surgery settlements are usually valued between $50,000 and $150,000 based on the cases I dug up in doing research for this article.

Why is the payout for knee replacement higher?

The reason for these higher payouts are that in the case of a knee replacement, especially a total knee replacement, you can expect a lifetime of pain and medical care, future knee replacement, and early onset of arthritis.

How will surgery be decided?

Your surgery will in the end be decided by how intensive your injury was to start with.

Is knee surgery compensation higher than settlements?

Knee surgery compensation amounts are therefore higher than those settlements where the knee was injured but no surgery was needed.

Can knee replacement surgery be done?

Yes, having a knee replacement as opposed to having a less invasive arthroscopic surgery alone will result in a higher settlement in most injury cases involving the knee.