What to do when your knee implant is defective

When you suspect that your knee implant is not working properly, the first step is to consult your doctor or surgeon. Nobody better understands your complete medical history. Your medical professional should be your primary source for information on your specific condition, and he or she should act as your advocate in dealing with potential complications from your surgeries.

But just as your physician is the best resource for medical opinions, your attorney is the best resource for legal advice. If you or a loved one has suffered an injury due to a defective knee implant, consult an attorney at Anapol Schwartz. During your free consultation we can help you understand what your legal options are, and whether you are eligible to receive compensation for your suffering. Patients have sued manufacturers of medical devices for a number of losses due to malfunctioning implants, including physical and mental pain and suffering, decreased earning capacity, loss of employment, disfigurement, permanent impairment, loss of consortium, diminished quality of life, medical expenses, and other injury.

Is a lawsuit the right answer?

It would be great if there were some way to repair your knee and make any pain you have suffered go away, but that simply isn’t possible. The only alternative, if you have been injured due to someone’s error, is to demand compensation for the physical, emotional, and financial damage you have suffered as a result. This is a fundamental issue of fairness that applies to any manufacturer marketing a product to the public: the item sold must not be harmful when used properly.

Only by investigating your legal options can you assure that justice is obtained.

A lawsuit may be worth considering if any of the following apply to your case:

• You had a failed knee implant using one of the recalled Oxinium systems, or another recalled product.
• Your knee implant failed, even if the product used was not recalled by the manufacturer or the FDA. Some medical devices are defective, or they are improperly installed during surgery. You may be entitled to compensation if the device fails to work effectively, or if medical errors make your condition worse.
• Your knee implant surgery used one of the recalled products, even if you have not yet suffered any gross injury. In some jurisdictions — depending on the relevant precedents — you may be entitled to compensation if you have a legitimate reason to fear your implanted device may fail at some future point. It is very important to consult your attorney about the laws which apply in your specific case.

There are limits set on the time you have to file a lawsuit. The amount of time varies, but may be as short as two or three years after you discover you have been injured. If you have suffered as a result of a knee implant procedure, get in touch with an attorney at Anapol Schwartz who can answer your questions and help you determine if you have grounds for taking legal action.

Our attorneys specialize in legal action for patients injured by defective medical devices, including knee implants. We have a solid track record on winning cases dealing with unsafe medical devices. Eleven of Anapol Schwartz’s lawyers have received jury verdicts in excess of one million dollars, and virtually every attorney has participated in obtaining multiple settlements over one million dollars.

Contact us toll free at (866) 735-2792 for a free assessment of your legal options.

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