Knee orthopedic devices are an essential part of treatment for a multitude of health conditions that affect joints yet like many medical devices there is a risk for dangerous defects. Issues with a knee replacement’s design, manufacturing defects, and even improper labeling can all cause considerable harm to patients utilizing these devices and be the grounds for which to file a product liability lawsuit.
Dolman Law Group has successfully handled negotiations for injured knee replacement recipients in order to recover the true value of their losses, and we are prepared to do the same for you. Our firm has been providing legal representation to those harmed by defective products like knee replacements, hip replacements, and defective drugs for over a decade now garnering our firm a long list of successful settlements and satisfied clients. We invite you to take advantage of a free consultation with our legal team where you will receive personalized advice and more information on the services we offer our clients.
What is Product Liability?
A product liability lawsuit, typically leveled against a negligent manufacturer, is based on the allegation that a product was designed or manufactured without the proper level of care owed to the consumer. Manufacturers can also be held accountable if they distribute a product without warning of its risks. In order for an injured party to be able to recover a settlement, they must have sustained some type of injury as a result of using the defective product and incurred damages as a result.
Manufacturers of Defective Knee Replacement Devices May Be Responsible for Damages
As people age, their joints can deteriorate. Knees commonly become an issue as they bear a large portion of a person’s weight. People may seek knee replacement surgery for arthritis pain or after sustaining a knee injury. In the U.S., approximately 800,000 knee replacement surgeries are performed each year. Unfortunately, some knee replacement devices have proven to be defective.
Determining liability in a product liability lawsuit can get complicated when you’re trying to prove that a manufacturer’s negligence produced a defective knee implant that was directly responsible for the injuries of someone who already had a knee injury or issue. You’ll need an experienced knee replacement device lawyer to successfully surmount the burden of proof required to demonstrate liability and recover damages in a personal injury claim.
Defective Aesculpa Knee Replacement Replacement Devices
In March of 2021, a surgical device company called Aesculpa issued a recall for their Vega AS Knee, which is a knee implant device commonly used in knee replacement surgery. Aesculap is now facing product liability lawsuits after its knee replacement implants have malfunctioned. Knee replacement recipients who received an Aesculap Vega AS Knee replacement device since 2012 may be eligible to recover damages in an Aesculap (Braun) knee orthopedic device lawsuit.
Companies like Aesculap can be held liable if their product malfunctions, as in the case of the Aesculap Vega AS Knee that has been implanted by surgeons since 2012. The issue with these knee implants is their ceramic coating. Essentially, the surface of the implant is too slick to properly attach to the bonding cement, causing the device to loosen and malfunction. This leaves knee replacement recipients vulnerable to other medical issues and injuries, which often entail expensive medical costs, pain, and job-related losses like lost wages.
Defective Exactech Polyethylene Knee Implant Inserts
Exactech knee replacement devices have been recalled since 2021 due to concerns over many reports of premature wear of Exactech knee implant polyethylene components. The source of these defects has been pinpointed as a result of defective packaging of polyethylene inserts that lacked an additional oxygen-resistant barrier to prevent degradation.
The polyethylene in Exactech medical devices needs to be sealed in airtight packaging that repels oxygen. Otherwise, it can leak in and cause the polyethylene plastic to oxidize and wear out prematurely and thus put patients at risk for device failure, broken bones, osteolysis, and the need for revision surgery.
Which Exactech Knee Implants are at Risk?
If you have had an Exactech knee implant surgically placed to replace or augment your knee then contact your surgeon immediately. Exactech knee devices of the following product lines have been identified as being at risk.
- Optetrak All-Polyethylene CR Tibial Components
- Optetrak All-Polyethylene PS Tibial Components
- Optetrak CR Tibial Inserts
- Optetrak CR Slope Tibial Inserts
- Optetrak PS Tibial Inserts
- Optetrak Hi-Flex PS Tibial Inserts
- Optetrak Logic CR Tibial Inserts
- Optetrak Logic CR Slope Tibial Inserts
- Optetrak Logic CRC Tibial Inserts
- Optetrak Logic PS Tibial Inserts
- Optetrak Logic PSC Tibial Inserts
- Optetrak Logic CC Tibial Inserts
- Truliant CR Tibial Inserts
- Truliant CR Slope Tibial Inserts
- Truliant CRC Tibial Inserts
- Truliant PS Tibial Inserts
- Truliant PSC Tibial Inserts
- Vantage Fixed-Bearing Liner Component
Consequences of a Receiving a Defective Knee Replacement Device
A faulty knee replacement device can cause further injury to the knee replacement recipient. For example, a malfunctioning knee replacement device may cause someone to miss a stair step or be unable to keep their footing while walking, resulting in a serious slip and fall accident.
Knee replacement surgery is typically undertaken with the understanding that the replacement implant with last, on average, 15 to 20 years. However, the Aesculap Vega AS Knees are deteriorating at a much faster rate, in some cases within 2 years. In many cases, the knee replacement device patient has to undergo revision surgery to replace the flawed product, in what is known as revision surgery.
When a knee replacement recipient has to undergo two of these major surgeries within such as short period of time, that can be difficult for their body to endure. This means they are potentially at a greater risk of developing an infection or other complications.
Common Issues Associated With Defective Knee Replacements:
- Severe chronic pain
- Joint, muscle, and bone damage
- Diminished function or loss of mobility
- Compromised range of motion
- Need for rehabilitation and revision surgery
What Damages Can I Recover in a Knee Replacement Device Lawsuit?
Both the knee replacement surgery and the associated recovery can take a significant financial, physical, and mental toll. If you have received a defective Aesculap (Braun) Vega AS Knee, you may be entitled to recover both economic and non-economic damages in an Aesculap knee implant device lawsuit. Economic damages come with a set price tag, while non-economic damages are evaluated subjectively.
After a defective knee replacement device fails or causes you further injury and pain, you will likely need additional treatment to rectify the issue. This may mean that you incur further economic damages, such as the cost of a knee revision surgery or transportation to physical therapy appointments.
In most cases, recipients of defective knee implants also sustain non-economic damages such as pain associated with recovery or reduced quality of life after a second surgery prevents them from living independently. A skilled knee replacement device attorney will be able to account for the damages you have sustained and collect the evidence needed to demonstrate the range of your losses.
Examples of Damages in a Defective Knee Replacement Device Lawsuit:
- Medical bills
- Hospital stay
- Mobility aids
- Physical therapy
- Home healthcare aide
- Job-related losses
- Lost wages
- Missed promotions
- Reduced earning capacity
- Job retraining
- Pain and suffering
- Loss of quality of life
To have a better chance of recovering the full value of your damages, you should seek out a qualified knee replacement device attorney. Context is important when calculating the value of damages, and a capable product liability lawyer is the most suitable person to make that evaluation as injuries rarely affect two people the exact same way. For example, a firefighter who plays basketball as a hobby would potentially be eligible to recover a larger settlement than the average office worker who prefers to paint in their free time.
Why Should I Hire a Knee Replacement Lawyer?
Hiring a well-respected knee replacement lawyer to represent you in a product liability lawsuit is the smartest choice you can make to protect your right to seek damages. A personal injury lawyer will be able to prevent you from inadvertently jeopardizing your claim by keeping up with critical deadlines, supervising and drafting statements, and collecting evidence to support your claim for damages.
If a personal injury lawyer agrees to take on your defective knee replacement case, that lends credibility to your claim. It also indicates to the defendant that you intend to seriously pursue a fair settlement, rather than agree to the first offer they make. This means you’re more likely to receive fair compensation for your damages as compared to a situation where you were negotiating by yourself.
A skilled knee replacement device attorney will conduct their own investigation, collect evidence, manage communication with the defendant’s representatives, and explain your legal options to you in layman’s terms. It can also be beneficial to hire a product liability lawyer to handle your defective knee replacement lawsuit because they have experience negotiating, strategizing, and crafting a compelling claim for damages.
Why Should I Choose Dolman Law Group to Help With My Aesculap Knee Replacement Lawsuit?
Dolman Law Group has over a decade of experience negotiating for fair settlements in product liability lawsuits similar to the Aesculap defective knee replacement device lawsuit. Our team has handled many claims involving negligent manufacturers, such as product liability lawsuits involving Similac and Enfamil baby formula that has been linked to deadly cases of NEC in infants.
Our results-driven approach has afforded us great success in terms of recovering damages for our clients who have been burdened with medical bills, lost wages, and emotional trauma connected to their recoveries. We believe that clear communication is key to providing an efficient, satisfactory experience for our injured clients. To that end, we will set realistic goals for settlements and involve you throughout the process of filing a product liability lawsuit so you don’t feel out of the loop.
At Dolman Law Group, you will receive a customized strategy based on your individual needs and priorities. You don’t have to worry about being rushed or pressured into a settlement because we won’t accept an offer that is worth less than what you deserve. Our knee replacement device lawyers know that a fair settlement can mean financial stability and enormous stress relief for you and your family, so we won’t stop advocating until you are satisfied with the result.
Reviews and Case Results from Dolman Law Group
The lawyers of Dolman Law Group have a hard-earned reputation for providing outstanding service to injured clients. We take pride in the fact that many of our clients were referred to us by their friends who had been impressed with our legal services.
We have been able to make a name for ourselves across the state of Florida by working diligently to recover maximum compensation on behalf of injured clients who have been the victim of someone else’s negligence. Our clients expect attentive and compassionate service, and we deliver.
Dolman Law Group is composed of formidable negotiators who bring a vast range of expertise to the table. This has allowed us to effectively stand up against powerful companies and insurance carriers looking to dole out inadequate settlements to protect their profits. We are known for our consistent ability to recover maximum compensation for damages. For more information, we encourage our clients to review our records for themselves.
Contact Dolman Law Group For Help With Your Aesculap Knee Replacement Lawsuit
Most people expect to gain greater mobility and relief from pain after knee replacement surgery. Unfortunately, due to the negligence of the knee implant manufacturer Aesculap, knee replacement patients are facing the prospect of a second surgery. They are also being unfairly burdened with the medical bills, lost wages, and pain that accompanies a revision surgery for knee replacement.
Dolman Law Group is prepared to pursue maximum compensation for patients who were injured by Aesculap’s defective knee replacement implant. Our award-winning legal team will leverage our legal insight and extensive resources to recover the damages you deserve, even if that means we have to take your defective knee replacement device lawsuit to trial to get a fair settlement offer.
If you have been injured after receiving a defective Aesculap knee replacement implant between 2012 and the present, Dolman Law Group would like to speak with you as soon as possible. You can give us a call at (727) 451-6900 or reach us any time through our website. Our team can help you recover maximum compensation for your physical, financial, and emotional losses in an Aesculap (Braun) knee replacement device lawsuit.