Zimmer, Inc., manufacturer of orthopedic devices, was forced to recall 65,000 parts last year – the NexGen MIS tibial replacement devices.  These are components used in knee replacement surgeries; the part that was recalled attaches to the tibia and, in conjunction with other artificial parts, replaces the knee joint.  The parts are designed to last fifteen years in an active adult but these Zimmer parts are known in some cases to cause renewed pain after only a few years.  Surgeons have found that this component of Zimmer’s knee replacement system is prone to detaching from the bone and thus becoming loose within the joint.  Around 9% of patients have been found to experience this defect and must undergo a second surgery to replace the faulty part. 

Consumers who have been implanted with these parts may be entitled to compensation.  Patients implanted with Zimmer’s NexGen CR, CR-Flex, Legacy Posterior Stabilized (LPS) or LPS-Flex knee replacement system and are experiencing knee failure symptoms have begun filing Zimmer NexGen knee recall lawsuits.  If you think your knee replacement device is failing, call your doctor to learn if the faulty Zimmer parts were used in your surgery.

If knee replacement patients are not troubled enough by this news, there is more: Prominent surgeons who specialize in knee replacement surgeries, such as Zimmer’s longtime consultant Dr. Richard A. Berger, speculate that more of Zimmer’s replacement devices may be prone to early failure.  The company also manufactures hip replacement devices which some high profile orthopedic surgeons also suspect of containing faulty parts.  During a Depart of Justice investigation, Zimmer officials vehemently denied the claims that more parts are likely to fail prematurely.  Several orthopedic surgeons testified on behalf of Zimmer, Inc.  Dr. Berger was conspicuously missing from this group.  Soon after the investigation concluded, determining that the parts were still safe, some of the surgeons began to notice the parts failing in their patients.  Dr. Berger may have noticed the problem sooner than other surgeons because he’d been using the parts the longest.  No recalls have yet been issued for hip replacement components or for other portions of the knee replacement system.  Only patients who have been implanted with the MIS tibial parts have a good chance of winning a Zimmer knee recall lawsuit.  If you think your joint replacement parts may be failing, your best bet is to file a complaint through the MedWatch program at the FDA and hope for another recall.

Approximately 25% of knee replacement surgeries in the U.S. utilize Zimmer parts.  The company also sells its products in at least 100 countries around the globe. It is likely that this large corporation will argue that their products are safe until the bitter end, despite studies that have found compelling evidence that they are not.  Joint replacement recalls are expensive – not only do parts need to be replaced, but medical costs need to be provided for any patients requiring a revision surgery.  The company will also incur legal and settlement expenses in the many NexGen knee lawsuits it is sure to face.  Perhaps most costly of all, recalls also damage a company’s reputation.  Surgeons are more likely to trust the opinions of other surgeons than the claims of a company, and the number of medical professionals speaking out against Zimmer replacement systems is sure to be costly to the company.

Medical device and pharmaceutical manufacturing companies hire consultants – surgeons and doctors – whom they pay to become specialists on their product and advise the company on product improvements.  These professionals are trained in the uses of the medical device or drug, encouraged to use these products for their patients and may help to design or inform the development of new products.  Some speculate this is a veiled system of kickbacks – which is illegal and has been investigated by the Department of Justice – whereby companies pay hefty sums to medical professionals to push their products. 

Hiring consultants who specialize in using your product has its pros and cons.  If the product works well, the consultant can boost sales through training other professionals in the use of the device.   The danger of the system is that companies are inviting doctors to become experts on their products, which means they may uncover product flaws more quickly.  In this situation, doctors are likely to vocalize their findings so as not to cause harm to patients or their own reputation as a practitioner.

This is exactly what has happened in the case of the Zimmer NexGen knee replacement recall.  A 2010 recall concerned 65,000 tibial component parts that are implanted during knee replacement procedures.  Nexgen knee recall lawsuits point to a high failure rate in these devices, which have been found to loosen away from the joint and cause damage and pain.  The only remedy for the problem is a revision surgery, followed by a second recovery and rehabilitation period. 

Dr. Richard A. Berger was a longtime Zimmer consultant.  He was recruited as a consultant while he was a fellow at a prominent Chicago-area joint replacement clinic.  As a consultant, Dr. Berger gave feedback on existing devices and then went on to help the company create new replacement parts as well as surgical tools, and in exchange, Zimmer, Inc. paid him over eight million dollars and touted his skills as a leading surgeon. But in 2006, when Berger began to notice a trend of early failure of knee replacement parts in his patients, he reported the problem to Zimmer, Inc.  Some patients whose knee implants failed prematurely have gone on to file a Zimmer knee recall lawsuit. 

The company argued with Zimmer’s 2006 claims, stating that the problem was in the surgeon’s technique rather than the technology.  Rather than go public with his complaints, Berger and another surgeon completed a study which found that one version of the knee replacement parts were separating away from the joint after a couple of years of use in 9% of patients.  Berger no longer uses Zimmer parts, and the company terminated his contract last year. 

The 2010 recall of Zimmer parts represents only one variety the company produces, known as the MIS Tibial Components.  Dr. Berger’s findings – which are supported by other prominent orthopedic surgeons – show that there are high failure rates in other versions of these devices as well.  Just because the parts have not yet been recalled does not mean the company won’t face many more Zimmer NexGen knee recall lawsuits.  Consumers and medical professionals who have experienced premature failure of Zimmer knee replacement parts may file their complaints with the FDA through its MedWatch program.

 

Legal proceedings involving personal injury are often very complicated. It is possible that the witness will be summoned to testify about your injury and also for the situation in which it  happened. Examination of the records may be required. An expert witness may be necessary. Personal injury cases require careful attention to detail. Getting a resolution for an injury claim often involves a lot of paperwork, time and bureaucratic hurdles. You should hire a lawyer with much experience in personal injury law in order to protect your legal rights. Those you seek to recover damages from, will, inevitably employ legal councel to defend themselves.
 
Other than merely handling your legal case, your lawyer can be more pro-active. They will help fill out the myriads of paperwork that is part of an injury suit. You don’t have to be on your own in dealing with insurance companies and lawyers for the defendant as our staff can handle that for you.  A skilled lawyer will be able to get in touch with a network of investigators and good witnesses that can do a lot for your claim. An attorney that has personal injury experience can help with not just your lawsuit, but all aspects of the injury claim process as well.
 
To add, many lawyers of personal issues practice contingency. What this means is that if you don’t win your case it will not cost you anything. It can be hard to deal with the personal and monetary stress involved in an injury. You may be tempted by a settlement offer that is not in your best interest. So that you know what to expect, your attorney can give you objective advice on these offers. Instead of going through litigation, you may be able to mediate which is often cheaper and faster. Your lawyers may help you in the course of mediation.
 
While you may still be responsible for other expenses, such as independent review of your medical records by a new doctor, you should not consider an attorney yet another expense. If you or someone you love has been injured, get a free Houston Personal Injury Lawyer case evaluation today.  It may very well be a good investment to go with once you have been injured.

If you’ve lost money or experienced pain and suffering as a direct result of someone’s negligence, you might be considering ways to recoup some of those losses through the legal system. One of the first steps you should take in this type of scenario is to contact a personal injury attorney. But, with the sheer number of personal injury attorneys out there, how can you be sure that the one you choose is going to do right by you?

Take Them Up On A Free Consultation

It’s standard for a personal injury attorney to agree to a free consultation to discuss the merits of your case. This is the meeting where you and the attorney will discuss as much about the case as you can in order to determine whether or not there is a chance that you could be compensated for what befell you. Before this meeting, it wouldn’t hurt to ask the attorney if they’ve handled cases similar to yours and what their success rate is. Seeing as there are so many personal injury lawyers, you can make your search a lot less daunting by narrowing it to only those familiar with your specific type of case. It’s also important to be wary of opportunistic lawyers that contact you first after an accident. Most reputable law firms wait to be called.

Important Questions To Ask

Once you’ve narrowed you’re your choices, it’s time to briefly interview your potential personal injury attorney. Here are a few important questions to ask:

1. What certifications do you have to practice this type of law? 2. Are you certified to practice law in this state or municipality? 3. Are you the lawyer who will be working on my case? 4. If you are not working on my case directly, who will be and what are their qualifications? 5. Have you litigated other suits similar to mine? What were the outcomes of those cases? 6. Do you believe I am entitled to a settlement and if so, how much? 7. Have you received any publicity in major cases and if so, where can I learn more about them? 8. Have you ever been scrutinized or penalized by any state bar association? 9. Do you carry malpractice insurance? 10. Will you only take a fee if I win a settlement?

These questions are pretty standard for lawyers whenever they’re meeting with new clients and they should have no trouble in answering them. The relationship you cultivate with your personal injury attorney needs to be based on trust. So, before you decide to go with any one personal injury attorney, take a bit of time to mull over whether you actually want to work with them.

Here’s a website that you can check out too:
Auburn Attorney
Puyallup Attorney