Knee Replacement Lawyers Provide Free Case Reviews
Problems with a knee implant can cause severe pain, loss of mobility, long-term disability, diminished overall quality of life and additional medical expenses. In certain situations, knee replacement settlements may be available if these complications could have been avoided.
The knee replacement attorneys at Saiontz & Kirk, P.A. provide free consultations and claim evaluations for individuals throughout the United States, to help determine if settlement benefits may be available for damages caused caused by a:
- Defectively Designed Knee Replacement System
- Knee Implant Manufacturing Defect
- Recalled Knee Replacement Component
- Knee Replacement Malpractice
All knee replacement lawsuits are investigated by our product liability attorneys on a contingency fee basis, which means that there are never any out-of-pocket costs to hire our law firm and we receive no fees or expenses unless a knee settlement or payout is received.
Knee Replacement Settlement Information
If you or a loved one experienced problems that were caused by defective or recalled components, a knee replacement settlement should provide full reimbursement of all medical expenses, payment of lost wages and financial compensation for your pain and suffering.
Following knee replacement recalls, manufacturers often establish a knee settlement fund, but this may only reimburse certain limited out-of-pocket expenses and require that you give up important legal rights. Therefore, it is always recommended that you consult with a knee replacement lawyer before accepting any settlement or knee replacement payout from the manufacturer.
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 implant. While prior results are not a guarantee of future outcomes, prior knee replacement settlements have ranged between $50,000 and $500,000, with some substantially larger knee lawsuit payouts involving extraordinary injuries.
In determining how much your knee replacement case is worth and the amount of any individual knee replacement lawsuit settlement, the following are some of the common factors that will be taken into consideration during negotiations and evaluating any settlement offers:
- Your age, lifestyle and severity of your knee injury;
- How many revision or replacement surgeries have been required;
- Amount of medical bills incurred to date, and likely to be needed in the future;
- Lost wages and loss of earning capacity caused by the failed knee replacement;
- Impact of pain, suffering, inconvenience and loss of enjoyment of life;
- Whether punitive damages may be awarded to punish the manufacturer for placing profits before consumer safety
To learn more about average knee replacement settlement amounts and how much money may be available in your case, contact the knee implant lawyers at Saiontz & Kirk, P.A. for a free consultation and claim evaluation.
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 trial. Some of the common factors that would be taken into consideration include:
- The extent and duration of knee implant problems experienced;
- How long the knee replacement was in place before it failed;
- Any activities or life-events an individual was unable to participate in;
- The amount of any past or future medical expenses incurred as a result of the knee replacement failure;
- The amount of any lost wages or loss of earning capacity;
- The impact of the knee failure on an individual’s overall well-being, physical and mental health;
- The pain and mental anguish suffered in the past and that may be likely to be suffered in the future;
- Additional punitive damages that may be available at trial if there is evidence that the manufacturer recklessly disregarded the health and well being of consumers.
Knee Implant Lawsuit Updates and Info On This Page
Can I sue over a failed knee replacement?
Knee Replacement Recalls in 2022
How long should knee replacements last?
Are there costs to hire a knee replacement lawyer?
Knee Replacement Problems That May Lead to a Lawsuit
Defective Knee Implant Lawsuits
Find Out If You or a Loved One Qualify for a Knee Implant Settlement
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 surgical malpractice lawsuit may be pursued if the surgeon was negligent in performing the operation.
Not every failed knee replacement will result in a successful lawsuit. However, the circumstances surrounding the implant procedure and complications may impact whether you can sue or obtain a knee replacement settlement.
Should I pursue a knee replacement malpractice lawsuit against the surgeon?
One of the most common questions our lawyers receive from individuals who experienced a knee replacement failure is, “Was my doctor or the knee implant manufacturer responsible for my injuries?”
In the vast majority of cases involving a failed knee replacement, claims are only pursued against the manufacturers of the defective or recalled implant. However, if there is clear evidence of medical negligence or indication that a surgical mistake occurred, then our lawyers may recommend that a knee replacement malpractice lawsuit be pursued against your surgeon.
Botched knee replacement surgery is usually apparent quickly after a procedure. To pursue a successful knee replacement malpractice lawsuit it must be established that the outcome would be different if the proper standards of medical care were followed. However, if the doctor reasonably relied on the knee manufacturer to develop and supply a safe and effective implant, our lawyers do not recommend pursuing a knee replacement malpractice claim against the surgeon.
Problems like premature knee loosening, knee infections and other complications often emerge due to component failures that were not the fault of the surgeon.
While preventable medical mistakes are an unfortunate risk with all procedures, not every knee surgery mistake can result in a successful malpractice lawsuit. However, if you suspect an error directly resulted in a serious physical injury, you can obtain a free legal consultation and claim evaluation to determine if you or your family may be entitled to financial compensation from a knee replacement malpractice lawsuit.
Is there a Statute of Limitations on Knee Replacement Lawsuits?
Like all legal actions, every knee replacement lawsuit has a statute of limitations or deadline, which requires that any claim is filed within a specific amount of time. Calculating the knee replacement lawsuit statute of limitations will depend on:
- Where the cause of action occurred;
- When the injury first arose; and
- When the knee replacement defects were first discovered
Each state has different statute of limitations laws, and it typically requires a detailed legal consultation and case evaluation to help determine what knee replacement lawsuit deadlines may apply to a specific claim. In most states, the statute of limitations for knee replacement lawsuits is two years or three years. However, some states have shorter or longer deadlines, and there are a number of issues that must be considered when evaluating when that statute of limitations begins to run.
Some states follow a strict statute of limitations for knee implant lawsuits, which calculates the deadline for filing the claim from the moment the cause of action arises. In other words, when the “wrong happened.” This could be interpreted as the date you received the knee implant, when the first symptoms of knee replacement problems were experienced, or more commonly the date that the knee replacement failed and required revision surgery.
A “discovery rule” exists in many states, which indicates that the knee replacement statute of limitations period does not begin until the cause of the injury is discovered or could have been discovered. Since a knee replacement can fail for a variety of reasons, most reasonable and prudent individuals would have no reason to suspect that they have a potential claim against the implant manufacturer until they learn about more widespread problems or defects associated with the knee replacement system.
If applicable, the “discovery rule” for knee replacement statute of limitations may be triggered when a manufacturer first announces a knee recall or discloses problems with their product. It may also be impacted by the specific date that an individual learns that they may have a claim, which could even be triggered the first time you saw an advertisement from a knee replacement lawyer.
In addition to these complexities, some states have enacted a statute of repose that impacts knee replacement lawsuits. This may place a deadline on the amount of time an individual has to file a lawsuit after the artificial knee was implanted, even if the knee has not yet failed or caused an injury.
The bottom line in calculating the statute of limitations for your knee replacement lawsuit is to take immediate actions to pursue your claim as soon as possible. Every day you wait may result in insufficient time to properly investigate and file your claim.
Knee Replacement Recalls in 2022
As of 2022, Exactech is the primary knee replacement manufacturer of recalled knee replacements involved in lawsuits. More than 140,000 Exactech knee replacements implanted throughout the United States may be prone to premature wear, debris, cracking, fracturing or failure, often resulting in the need for revision surgery only a few years after a knee replacement.
Exactech began quietly recalling knee replacement products in August 2021, impacting only a limited number of components. However, a massive Exactech knee recall was announced on February 7, 2022, including:
According to allegations raised in the Exactech knee replacement lawsuits, the manufacturer ignored alarming knee failure rates and failed to adequately disclose adverse event reports. As a result, knee replacement lawsuit payouts and settlements may be available from Exactech. To find out whether you or a loved one may have a claim, request a free consultation and knee replacement lawsuit evaluation.
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 and Knee Surgeons estimate that about 10% of knee implants fail within the first 10 years, and upward of 20% fail by 20 years. However, certain knee replacement systems have been linked to substantially higher knee replacement failure rates, often leading to knee implant recalls or design changes.
In 2022, the joint replacement lawyers at Saiontz & Kirk, P.A. began pursuing Exactech knee lawsuit settlements for individuals throughout the United States, after discovering that certain implants distributed since 2004 may have been defectively packaged and prone to premature wear and failure.
How Do I Know If My Knee Replacement Has Been Recalled?
It is surprisingly common for manufacturers to issue a knee replacement recall or remove defective knee implants from the market without ever directly notifying individuals who had the components placed in their body.
Since 2003, the U.S. Food and Drug Administration has announced knee implant recalls for roughly 1,300 different systems. Individuals who received these recalled knee replacement implants faced a risk of problems within a few years, including knee pain, instability, loosening, premature component wear, fractures, bearing failures and other complications that may result in the need for knee revision surgery.
In many situations, manufacturers of recalled knee implants only notify surgeons and doctors about a recall, and rely on the medical providers to notify patients that their knee replacement was recalled.
This is how an Exactech knee replacement recall was handled in February 2022, impacting more than 140,000 implants used since 2004. However, many patients still have not discovered that they received a recalled knee replacement, especially if they already required revision surgery, moved or lost touch with the original surgeon.
The best ways to determine whether your specific make and model of knee replacement was recalled include:
Knee Recall Letter: The easiest way to know you received a recalled knee replacement device is to look for a recall letter from either your surgeon or the manufacturer of the artificial knee system, and contact your surgeon for clarification and next steps.
Contact Your Knee Surgeon: If you suspect your knee implant was recalled, but never received a recall letter, start by contacting your original surgeon to confirm the specific type of knee replacement used and ask whether it has been recalled.
FDA Medical Device Recalls Database: The FDA maintains a database of recalled knee replacements devices, which includes all medical devices that have been subject to a recall. This database is publicly available for consumers to search if they know their specific knee replacement system.
Contact A Knee Replacement Lawyer: Whether you are unsure or positive you received a recalled knee replacement, an experienced knee replacement lawyer can help guide you through determining whether your knee has been subject to a recall and what knee replacement settlement benefits may be available.
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 evaluated for individuals throughout the United States, and all cases are handled on a contingency fee basis. This means you pay nothing up front to hire our lawyers, and we only receive an attorney fee or expenses if a knee replacement lawsuit payout is obtained.
Through the use of contingency attorney fees, individuals have access to the experience and resources of our national law firm for knee replacement lawsuits – regardless of their individual financial resources.
You pay nothing upfront to hire our knee implant lawyers, and we only receive an attorney fee or expenses out of the money that is obtained from the drug makers. Our law firm receives nothing unless we win your case!
Request a free consultation and knee replacement lawsuit review online or call 1-800-522-0102 to get started. There are no attorney fees or expenses unless you win a settlement or recovery!
Steps in a Knee Replacement Lawsuit Evaluation
Complete Our Case Evaluation Request Form. Providing contact information and some information about your knee replacement case.
Get Contacted by Saiontz & Kirk, P.A.You will be contacted by our law firm to help determine if financial compensation may be available for you and your family.
You Decide If You Want to Move Forward. If our knee replacement lawyers determine that we can help with your case then you decide whether to move forward and hire us to pursue a settlement.
Contact Saiontz & Kirk, P.A. For A
FREE CONSULTATION AND CASE EVALUATION
Knee Replacement Problems That May Lead to a Lawsuit
Each year, almost 800,000 people throughout the United States undergo knee replacement surgery to relieve damaged or deteriorated joints caused by osteoarthritis, rheumatoid arthritis, trauma and other complications that impact the knee joint function.
While modern medical technology and design improvements over the past few decades have resulted in very low knee replacement failure rates overall, some patients do experience knee replacement problems after only five years or ten years, requiring early revision surgery. In some situations, these early knee problems may be the result of a defective component, manufacturing problems or botched knee replacement surgery.
A lawsuit may be pursued if problems after a knee replacement were the result of:
- Design Defects
- Manufacturing Problems
- Storage or Packaging Issues
- Medical Malpractice
If any element of the total knee replacement system experiences problems, an individual could experience an early knee replacement failure after only a few years.
What causes a knee replacement failure within a few years?
Multiple different factors may cause a knee replacement to fail within a few years after surgery, resulting in additional pain, loss of mobility and decreased quality of life. Some of the most common causes of knee replacement failure include:
Knee replacement loosening and wear
For an implant to effectively support the knee, it must be designed to properly reattach to bone and be strong enough to withstand routine wear and tear. When a knee replacement deteriorates, or the bone cement fails, a loosing of the knee components can cause failure.
Improper knee implant placement
Improper implant placement is one of the leading reasons for knee replacements failure. When a surgeon fails to implant the knee replacement correctly, it can cause pain and instability in the knee, leading to a quicker failure of the implant.
Poor knee replacement surgery technique
Poor surgical technique is another leading reason for failure. In many cases this is actually the result of the knee replacement manufacturer failing to provide adequate instruction or training for surgeons. Using the wrong surgical technique with certain knee replacements can lead to implant loosening, instability, and pain, all of which can lead to a quicker failure of the implant.
Inadequate Knee Rehabilitation
Inadequate postoperative rehabilitation is another common cause of a knee replacement failure. If a patient does not properly follow the instructions of their surgeon regarding rehabilitation, they may not regain full range of motion or strength in their knee, leading to a quicker failure of the implant.
Metal allergy or hypersensitivity
A metal allergy, also known as a metal hypersensitivity (metallosis), is an adverse immune reaction to one or more metals. Symptoms can range from a mild rash to life-threatening anaphylaxis. While any metal can cause a reaction, people are most commonly allergic to nickel, cobalt, and chromium. Metal allergies can occur at any time in someone
Knee replacement infection
One of the most common reasons why knee replacements fail is infection, which can occur at any time after surgery, but it is more likely to occur in the first few months. Symptoms of a knee replacement infection may include fever, redness or swelling around the wound, drainage from the wound, or pain. If you experience any of these symptoms, be sure to contact your doctor right away.
What types of knee implants may fail?
Like many orthopedic implants, there are multiple types of knee implants that are designed to address specific needs of the patient. While certain types of knee implants are best or better for certain situations, each design also carries unique potential risks.
Depending on the injury, medical history and reason for the knee replacement, a surgeon will advise which of the following knee implants is best suited for the patient;
- Fixed-Bearing Prosthesis
- Mobile-Bearing Prosthesis
- Posterior Cruciate Ligament-Retaining
- Posterior Stabilized
- Bicruciate-Retaining Designs
These types of knee replacements are also commonly referred to by the material they are made of, which may include;
Metal on Plastic Knee Replacement
Metal on plastic knee replacements are the most common and feature either a cobalt-chromium, titanium, zirconium, and nickel femoral component that attaches above the plastic spacer. While these types of implants have historically had a longer implant life, individuals have been known to suffer immune reactions from deteriorating plastic or loosening that may cause implant failure.
Ceramic on Plastic Knee Replacement
Ceramic on plastic knee implants are composed of a ceramic femoral component that attach above a plastic spacer and are typically used for individuals that have a sensitivity or allergy to nickel or other metals.
Ceramic on Ceramic Knee Replacement
Ceramic on ceramic knee implants utilize a ceramic femoral and tibial component, and while this option has long been considered a reliable option, they do pose a risk of shattering under extreme pressure which may cause the need for emergency removal surgery to remove fractured pieces of the knee implant.
Metal on Metal Knee Replacement
Metal on metal implants consist of a metal femoral attached to a metal tibial component and were previously a popular option for the younger generation requiring TKA due to the durability and longevity of the designs. However, concerns over metal on metal knee implants have been raised over chemical breakdowns that may release metal into the bloodstream, increasing the risk of organ damage and inflammation.
What components of a knee system are prone to fail?
The knee is the largest joint in the human body, and artificial knee systems consist of multiple components that work in tandem and support one another. When one of these components loosen, crack, or prematurely wear out, it can cause the rest of the knee replacement to fail, ultimately leading to knee revision or replacement surgeries and long term pain.
There have been a number of knee replacement recalls issued in recent years, after manufacturers discovered problems with specific components that may increase the risk of pain, swelling, infection and other complications.
The four major knee system components of an artificial knee that may fail include;
Femoral component: The femoral component replaces the end of your thigh bone (femur) and is typically made of durable metal or ceramic options since it moves the most.
Tibial component: The tibial component replaces the top surface of your shin bone (tibia) and is usually made of softer metal or plastic.
Patellar component: The patellar component replaces your kneecap (patella) and is a dome shaped plastic.
Plastic spacer: This sits between the tibial and femoral components to allow a smooth, gliding surface and better flexibility.
What happens when a knee replacement fails?
Knee replacement implants fail for a wide variety of reasons. Depending on the severity of your knee failure, you should contact your primary healthcare provider or seek medical attention immediately, as the potential health consequences of broken metal, ceramic or plastic fragments inside the body could lead to infection, protrusion or other serious conditions.
If you are experiencing signs of a failed knee replacement implant, your doctor will likely order imaging tests, such as x-rays or MRIs to determine whether the components of the knee have shifted, loosened or if you have experienced any bone loss.
If the knee replacement failure is caused only by infection, your doctor may recommend draining the infection and running a course of antibiotics, as long as all of the components and attachment points of the knee implant are still in place. However, if the infection is not cleared through nonsurgical means, one of two surgical procedures may be necessary to clear the infection. The first attempt may be a debridement and implant retention surgery, in which the bacteria is washed out from around the plastic spacer of the knee. If this is not successful, patients may be required to undergo a second total knee replacement implant surgery, in which a brand new artificial knee is implanted.
If your knee replacement fails due to loosening or stiffness, your doctor may recommend non surgical approaches, such as bracing and physical therapy in an attempt to break up scar tissue or help bond ligaments, allowing for a better range of motion and stability. However, if these methods are unsuccessful, patients may be required to undergo a knee revision or replacement surgery.
If you suspect your knee replacement failed it is important to consult with your doctor for medical care first. After seeking medical attention, it is important you contact the lawyers at Saiontz & Kirk, P.A. to review what legal options may be available and whether you may be eligible for a knee replacement failure settlement.
How many times can a knee be replaced?
Depending on how old you are at the time your knee is replaced, it is not uncommon for a repeat knee replacement to be necessary in the future. However, when a defective implant causes an early revision surgery, this can increase the total number of times your knee needs to be replaced during your life-time and increase the risk of severe complications and disability.
While there is no defined limit on how many times a knee can be replaced, as an individual gets older and other health conditions emerge, it may become too dangerous to replace the knee another time. In addition, with each additional knee replacement procedure, there are increasing long-term risks and potential drops in the overall quality of life with a replaced knee.
One factor considered in any knee replacement settlement is what impact an additional knee revision surgery may have on an individual throughout the rest of their life expectancy, and what additional disability they may face as they get older, which would not have occurred if a defective implant did not result in a premature knee failure
Knee Replacement Class Action Lawsuit Allegations
Personal injury claims and knee replacement class action lawsuits are commonly pursued against the makers of defective or recalled knee implants, often alleging that the manufacturer:
- Knew about knee design problems long before announcing a recall, but failed to adequately investigate the cause of premature knee replacement failures;
- Failed to warn surgeons and consumers that the knee components may degrade and wear, leading to pain and other knee complications that require additional surgery;
- Negligently continued to sell dangerous and defective knee replacements, while concealing information from consumers, regulators and the medical community
- Delayed issuing a knee replacement recall, allowing defective devices to continue to be implanted in patients;
- Placed desire for profits before consumer safety.
- Manufacturers rushed devices on the market through the FDA’s controversial 510(k) fast-track approval process and did not put the components through extensive testing for safety and effectiveness.
Defective Knee Implant Lawsuits
In recent years, knee implant lawsuits have been filed against several manufacturers that have issued distributed defective components or dangerous knee replacement systems. Below is a summary of some of the prior knee implant cases our lawyers have investigated or handled:
Exactech Knee Implant Lawsuits
Since February 2022, our lawyers have been actively pursuing Exactech knee implant lawsuits for individuals who received certain Optetrak, Optetrak Logic and Truliant knee components distributed since 2004.
An Exactech knee replacement recall was issued due to manufacturing problems, which resulted in defective vacuum bags being used with the plastic polyethylene insert that were placed between the knee components. This defective packaging allowed oxygen to reach the plastic inserts before they are implanted, causing the component to oxidize and wear out much earlier than expected, or become damaged after it is inside in the body.
Exactech knee recall lawsuits have been filed for individuals who experienced problems due to the premature wear of the polyethylene insert, including:
- Accelerated Knee Wear
- Debris Production
- Bone Loss
- Cracking, Fracture or Component Fatigue
- Additional Knee Revision Surgery
The knee implant lawyers at Saiontz & Kirk, P.A. are still actively investigating and pursuing Exactech knee lawsuits. All cases are investigated under a contingency fee agreement, which means that there are no out-of-pocket costs to hire our lawyers. Request a free consultation and claim evaluation.
DePuy Attune Knee Lawsuits
The DePuy Attune Knee System was approved by the FDA in 2010 through the controversial 510(k) fast-track approval program and was advertised with a design to provide a better range of motion and stability among individuals doing every day activities. However, by June 2017, the FDA had received about 1,400 reports of DePuy Attune Knee problems often linked to a high rate of baseplate loosening and failures resulting in the need for revision surgery.
Following several years of litigation, the lawyers at Saiontz & Kirk, P.A. are no longer investigating or pursuing potential lawsuits involving knee replacement complications with the DePuy Attune system.
Zimmer Persona Knee Lawsuits
In March 2015, the FDA announced a Zimmer Persona Knee recall, impacting an estimated 11,658 artificial knees implanted with alleged design defects that could cause the implants to fail due to poor seating or fixation. A series of Zimmer Persona knee replacement lawsuits were pursued by individuals who received the Zimmer Persona Trabecular Metal Tibial Plate and Zimmer Persona TM Tibia who suffered implant failures, loosening, pain and need for revision surgery.
Arthrex IBalance Lawsuits
In March 2016, the FDA announced a Arthrex iBalance recall for 2,300 units devices, following a large number of reports involving the outer surface of the IBalance implants being smooth instead of textured, which could result in a failure to bond and cause implant failure. As a result of potential design defects, claims were pursued through an Arthrex IBalance knee lawsuit for individuals who experienced pain, loss of mobility, loosening components and the need for revision or replacement surgery.
Smith & Nephew Knee Lawsuits
Nearly 40,000 Journey Uni Tibial Baseplates were recalled in early 2010, after receiving complaints of the base plates breaking in situ, which could ultimately lead to instability and premature wear of the implant. After the Smith & Nephew knee recall, a number of Smith & Nephew knee replacement lawsuits were filed by consumers, all raising similar allegations that Smith & Nephew manufactured and distributed defective knee components and failed to warn consumers about the risk of failure. New knee implant lawsuits involving the Smith & Nephew Journey components are no longer being accepted by our lawyers.
Stryker Knee Replacement Lawsuits
In April 2013, the FDA issued a Class I Stryker knee recall involving problems with the ShapeMatch Cutting Guides, stating many of the cutting guides provided by the Stryker failed to match the appropriate specifications, warning patients could experience potentially life threatening problems. As a result of the manufacturing defect, a series of Stryker knee replacement lawsuits were filed by individuals who experienced severe pain, joint instability and the need for revision surgery to remove or replace the misaligned knee implant. New knee implant lawsuits involving the Stryker ShapeMatch cutting guides are no longer being accepted by our lawyers.
Find Out If You Qualify for a Knee Replacement Lawsuit Settlement
If you or a loved one have suffered injuries or complications following a knee replacement, the personal injury lawyers at Saiontz & Kirk, P.A. provide free consultations and case evaluations to help individuals review the legal options that are available to them. After contacting our office toll free at 1-800-522-0102 or requesting a free case review on-line, the facts and circumstances surrounding your potential knee implant lawsuit will be reviewed and evaluated.
If it is determined that you or a loved one may be eligible for financial compensation or a knee replacement lawsuit settlement, it is your decision whether to hire our law firm.
All cases are handled by our knee replacement attorneys under a contingency fee agreement, which means that there are never any fees or expenses paid unless we are successful in obtaining a settlement or other recovery in your case.