DePuy Knee and Elbow

Knee elbow lawsuit
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  • Manufacturer: DePuy Synthes.
  • Recent Settlements: Lawsuits regarding DePuy knee and elbow implants ongoing with no final settlements as of 2020.
  • Who Can File: Individuals who required corrective surgery or experienced bone damage after DePuy’s Attune knee implants and/or Synthes Radial Head Prosthesis elbow implants.

Knee and elbow implants are used to replace damaged knee and elbow components. The artificial implants are made of a plastic and metal hinge that has metal stems attached on the sides. The hinge is placed inside the hollow area known as the canal.

Different types of knee and elbow replacements require different surgeries. Some people require partial replacements, while others require a total replacement. The replacement sizes are also different, based on individual needs.

An orthopedic surgeon resurfaces the damaged knee or elbow with the artificial part. In the case of total knee and elbow replacement, the surgeon removes the damaged cartilage and bone and replaces it with artificial parts to recreate the surface.

In contrast, partial replacements involve replacing only certain parts of the knee or elbow with an artificial component. The components include metal alloys, plastic parts, and ceramic material. In some designs, there are no metal components.

Manufacturers have developed different knee and elbow replacement designs. There are over 150 designs of the artificial knee and elbow implants. Many companies have also manufactured replacement implants, based on specific gender requirements.

What Conditions Require Knee and Elbow Replacement?

Various medical conditions require replacement of the knee and elbow. Painful bone conditions lead doctors to consider artificial joint surgery for their patients.

Osteoarthritis

Osteoarthritis is a degenerative bone disease that affects the joints. The disease occurs due to the wear and tear of the discs over time. The condition commonly occurs in older individuals. In rare cases, the illness occurs in young individuals due to a disease.

In individuals suffering from osteoarthritis, the cartilage cushioning the knee and elbow degenerates and softens. This causes the bones to rub against each other. The elbow and knee joints become stiff that results in intense pain. Doctors recommend surgical replacement of the knee and elbow joints when they have deteriorated completely.

Rheumatoid Arthritis

Rheumatoid arthritis that is also known as inflammatory arthritis affects the synovial membranes surrounding the joints. The condition results in a chronic inflammation that results in cartilage loss and joint stiffness over time. Individuals suffering from the condition experience great pain due to the wear and tear of the cartilage.

A type of arthritis for which knee and elbow surgery is required is known as post-traumatic arthritis. This is not a type of arthritis but results from serious injury to the knee and elbow joints. Replacement of knee and elbow are recommended due to the bone damage. Surgery is recommended to replace the ligaments and tendons damaged due to the elbow or knee injury.

Fractures

Replacement of knee and elbow is also recommended in case the bones are shattered. Piecing together shattered bones is extremely difficult. Serious fractures disrupt the blood supply to the bones. In this situation, doctors recommend getting a knee and elbow replacement surgery.

What Are Some Risks of Knee and Elbow Implants?

During the surgery, doctors make an incision at the back of the knee or arm. The muscles are gently moved aside to access the bones. The scar tissues around the joints are removed and the area is prepared to install the metallic pieces. The replacement hinge is held in place using bone cement while the stems are connected using a large pin.

Knee and elbow implants are not risk-free. Complications sometimes arise when replacing the knee and elbow. An infection can occur around the artificial knee or elbow. The infection may occur a few days after the surgery or even years later. The infection can spread to the entire body in some cases resulting in serious complications.

Another complication with knee and elbow implants that may arise is that the components wear down and loosen. The bushings or the plastic liner may wear out requiring a replacement. This usually requires costly revision surgery to address the problem.

Knee and elbow implants may also cause nerve injury. The nerves surrounding the joints may get damaged during the surgery. This may also require revision surgery to correct the problem. In rare conditions, a blood clot may develop after the surgery. This issue can be addressed by another surgery.

What Are the Reasons for DePuy Knee and Elbow Recalls?

DePuy a subsidiary of Johnson & Johnson has been the center of several lawsuits involving the knee and elbow implants. The company had recalled its Attune knee implants due to hundreds of reports of failure of the device. The device caused a debonding of the implant over time that required revision surgery.

The US FDA had also received several reports of the failure of DePuy Synthes Radial Head Prosthesis elbow implant. The company had recalled 50, 311 replacements due to possible loosening of the radial stem resulting in injuries. A device safety notice was issued on December 30, 2016, but the notice was too late and the damages were far-reaching.

The recalls were issued after the company had received a large number of reports against the defective knee and elbow implants. The damages resulting from the defective implants were significant. Thousands of patients across the US had received the DePuy knee and elbow implant. The company did not offer any compensation for damages resulting from the implant.

Some individuals who received the implant experienced serious complications. Surgery was often recommended that cost thousands of dollars.

What Are the Notable DePuy Knee and Elbow Lawsuits?

The first lawsuit against DePuy Syntheses was filed in the Circuit Court of Tuscaloosa County, Alabama in 2017 shortly after the company had issued a recall of DePuy Attune knee replacement product.1 The lawsuit had cited the Journal of Knee Surgery as the evidence of the high rate of failure of the Attune devices.

Various lawsuits have been filed related to the Radial Head Prosthesis System.2 The lawsuits were filed against DePuy for severe injuries sustained after the elbow implant. More lawsuits are expected against the company for defective medical devices.

What Are the Allegations of the DePuy Lawsuits?

Lawsuits against DePuy Synthes allege that the company was aware that its knee and elbow metallic implants corrode, fracture, or loosen over time. The lawsuits also allege that the components disassociate from the stem or migrate resulting in severe pain. These lawsuits also make the allegations that the implants put stress on the shield bone causing further damage even once the fracture site has healed.

DePuy is alleged to have failed to properly test and design the implant devices before marketing the products in the US. Moreover, it was alleged to have not informed consumers, physicians, and the FDA about the defects on time.

It was further alleged in the lawsuits that the warnings issued by DePuy were inadequate and incomplete that did not minimize the risk of injury.

How Can You File a Claim for DePuy Partial or Total Knee and Elbow Implant Replacement?

Patients who have received a faulty DePuy knee or elbow joint implant can face financial problems. Digital imaging or X-rays may be required to find out whether the implant has loosened. In case of an injury due to defective implant, physical therapy may be required for full use of the knee and elbows. The recovery can take weeks or even years causing great distress to the individuals.

You can file a class-action lawsuit to claim for damages due to DePuy partial or total knee and elbow replacement. You should file a lawsuit if your doctor recommended a revision surgery due to failure of the implant.

You can qualify for DePuy Pinnacle knee and elbow lawsuit if you meet any of the following conditions.

  • Restorative surgery is required due to loosening of the DePuy knee or elbow implant
  • Restorative surgery has not addressed the damage due to the implant
  • Experienced bone fracture or tissue damage near the implant area
  • Osteolysis or bone loss due to the defective implant

Filing a DePuy knee and elbow lawsuit will allow you to try to seek compensation for damages due to the defective product. More specifically, you can try to pursue financial and non-financial damages by filing a class-action lawsuit against the manufacturer. Here is a brief overview of the types of damages that you can try to receive after filing a class-action lawsuit against the manufacturer of the medical device.

Financial Damages

Plaintiffs of a personal injury lawsuit against DePuy can try to seek compensation for associated medical costs. You can try to seek compensation for the cost of treating complications due to DePuy’s knee or elbow implant. Moreover, you can request the court to order the manufacturer to pay for the medical costs involved in replacing or removing the defective product. Filing a lawsuit will allow you to pursue compensation for surgical costs, diagnostic fees, doctor’s charges, and medications associated with the knee and elbow implant.

Filing a personal injury lawsuit may potentially also allow you to receive compensation for loss of earnings due to the defective implant. Our personal injury lawsuit attorneys will try to assist you in determining the loss of wages due to treating the condition. Generally, the loss of earnings is based on the days missed due to getting the implant removed or treating the injury due to the implant.

Lastly, you can try to recover damages for making modifications to the home due to a disability caused due to the defective medical device. Any costs incurred in making the home more accessible can be possibly be recovered by filing a class-action lawsuit against the manufacturer.

Non-Financial Damages

Our personal injury attorneys can also help you try to recover your non-financial damages due to the defective medical device. You can claim compensation for physical and emotional pain due to the defective implant. You can ask the court to award monetary compensation for the psychological problems arising due to the defective medical product.

In the case of wrongful death, surviving family members can also file a claim on behalf of their loved ones for wrongful death resulting from the DePuy defective implant.

How to Join the DePuy Product Liability Settlement?

You can initiate a personal injury lawsuit on behalf of individuals harmed due to defective DePuy knee and elbow implants. Joining a DePuy product liability lawsuit can possibly result in different benefits. Joining the lawsuit will reduce the attorney fees as compared to filing an individual lawsuit. The process of filing a class-action lawsuit can possibly be less stressful as compared to filing individual lawsuits. A class-action lawsuit will result in uniform payment of compensation amount. In contrast, individuals who file later could possibly receive less compensation as compared to those who file earlier.

In case the outcome of a DePuy personal injury lawsuit is favorable, you may receive a share of the compensation amount awarded by the judge. If you have received the defective implant, you should contact an experienced personal injury lawsuit for legal guidance.

How Long Do I Have To File a DePuy Knee and Elbow Lawsuit?

Every state has different laws regarding the Statute of Limitations (time limit) within which you must file a product liability case. If you have symptoms related to a DePuy Knee and Elbow Implant, we encourage you to contact our firm for an immediate consultation. You will need to file the case within the specified time period, or else you will likely lose your right to seek compensation for the damages.

Please note that waiting too long to file a lawsuit may prevent you from obtaining compensation for your losses. Contact an experienced attorney for legal guidance and advice on pursuing your claim.

Why Should I Hire a Personal Injury Lawyer?

An experienced injury attorney will advise you and try to help in seeking compensation for your damages due to the defective DePuy medical products. If you or a loved one has suffered from any injury due to a defective DePuy knee or elbow implant, contact a dedicated attorney for an evaluation of your claim. Determining fault in product liability cases may be difficult. A dedicated lawyer will try to gather evidence that could possibly show that the manufacturer was ‘more likely than not’ responsible for injuries and financial losses due to the defective product.

Product liability law is a complex area of the law. At Frankl & Kominsky, our seasoned injury lawyers understand the class action process such as reviewing your medical records, and connecting your symptoms to the defective product, and establishing your claim. Our legal team will be with you at every stage of the lawsuit to address that your claim is recognized and will try to recover the compensation you deserve.

Contact a Personal injury Lawyer to File DePuy Knee and Elbow Personal injury Lawsuit

At Frankl & Kominsky, we have a team of highly experienced lawyers who can help you file a DePuy knee and elbow class-action lawsuit throughout the United States. We realize the financial problems that arise due to injuries or other damages arising from a defective product. That’s why we charge for our services on a contingency basis. You won’t have to pay us anything unless the outcome of the product liability case is in your favor.

Our experienced trial attorneys will strive to get the best possible outcome for your case. We can try to help you recover medical costs, lost earnings, and other financial damages due to the defective knee and elbow implant. We could also try to help you recover damages for emotional and physical pains due to the implant. Contact us today for a free evaluation of your case.

References
  1. First U.S. Lawsuit Filed Against DePuy-Synthes for Attune Knee Replacement Failure
  2. DePuy Synthes Elbow Replacement
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