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.
