Failed Knee Implant Lawsuit

Patients who suffer complications from a failed knee surgery may have medical malpractice claims. Even when a surgical procedure goes as planned, a patient may still experience unanticipated pain and suffering if their knee implant is defective, for example, with the Zimmer Persona implant.

What Is a Knee Implant?

Knee implants are man-made devices called prosthetics. During knee replacement surgery, the surgeon will remove the patient’s damaged tissue and bone.

The surgeon will then place the knee prosthetic in the area. The knee implant is supposed to work just as the bone and tissue did before it was damaged.

Can a Knee Implant Fail?

Yes, knee implant devices may fail. They are supposed to support an individual’s body weight while also allowing them to be completely mobile.

Any time a device is improperly manufactured or designed, the individual may experience issues, for example, pain or limited mobility. Defective knee implants may also lead to other medical issues, for example, cobalt toxicity.

Who Can I Sue if My Knee Implant Fails?

Manufacturers of knee implants are legally required to market safe medical implants and to adequately warn implant users of any dangers. If a knee implant device fails, an individual may have a defective product claim.

What Is Product Liability?

Product liability is a legal theory under which a seller, retailer, or manufacturer of a product can be held liable for allowing a defective product to reach consumers, regardless of the negligence of the consumer. The laws governing product liability determine what parties are responsible for dangerous or defective products.

All of the parties involved in the distribution chain of a defective product that caused an injury may be found liable under product liability laws. The state laws that govern product liability claims can vary.

What Is a Defective Product?

Defective products are products that are unreasonably dangerous when used for their intended purpose without being interfered with or altered. Defective products are products that cause injuries due to:

• A design defect;
• A manufacturing defect;
• A marketing defect.

In order for a plaintiff to prove product liability, they will have to show:

• The product was defective when manufactured;
• The product’s manufacturer, distributor, or seller intended for the product to reach the consumer without any changes being made through the process; and
• The plaintiff or their property suffered harm from using the product.

What Makes a Product Defective?

As noted above, defective products cause injury if they have certain types of defects, including:

• Design defects: Design defects are defects that were present from the beginning, even before the product was actually manufactured;
  • Companies might be liable for design defects if a foreseeable risk was present during its manufacturing and the company continued to create the unsafe product, for example, with the defective 3M earplugs;
  • In many states, the plaintiff must show that the risk could have been reasonably avoided or reduced by using an alternative design;
    • This means that the manufacturer could have made certain changes at a feasible cost, and the product would have been virtually the same as the unsafe product;
    • A product that has a design defect is inherently unsafe and can only be fixed by altering the original design of the product;
• Manufacturer defects: Manufacturer defects occur during the manufacturing or assembly processes. These defects may result from unintentional mistakes and cause the product to be more dangerous than what the company and the consumer anticipated;
  • The biggest difference between a design defect and a manufacturer defect is that a design defect is intentional, while a manufacturer defect is an unintentional flaw that occurs when the product is made;
  • In general, manufacturer defects are easier to fix, as they may be remedied by a simple changing of a material or the assembly process;
  • The most common examples of manufacturing defects include:
    • Faulty screws;
    • Contaminated medications and food products; and
    • Faulty mechanisms; and
• Marketing defects: A marketing defect arises when there is a lack of sufficient instructions or warnings about the product’s use. These defects are flaws in the way the product is marketed to consumers, for example, with improper labeling or inadequate safety warnings;
  • A marketing defect is often associated with a company’s failure to warn consumers about the right way to use a product or a hazard associated with using the product.

In order to prevail in a product liability case, the plaintiff must show that the product was defective under one of the theories above. The plaintiff must also show that the defect made the product unreasonably dangerous to use.

What Is a Defective Product Claim?

Defective product claims are claims that a product caused injury to an individual because of:

• Lack of a proper warning;
• A design defect;
• Defective manufacturing.

It is the responsibility of the knee implant manufacturer to put a product on the market that is safe for consumers.

What Do I Need to Prove for a Defective Product Claim?

In order to prevail in a knee implant claim, a plaintiff must show:

• The knee implant had a defect.
• The defective knee implant caused an injury while it was being used the way it was intended; and
• The knee implant had not been changed substantially in terms of how it was supposed to operate when sold;
  • For example, the plaintiff did not have knee surgery to have the knee implant altered.

What Should I Know About a Defective Product Lawsuit?

It is important to note that there are issues that may limit an individual’s amount of recovery in a lawsuit, including:

• Knowing about the defect prior to using the product;
  • This means the individual decided to use the product despite being aware of its defect, which may limit recovery;
• The statute of limitations in the state;
  • If the plaintiff did not bring their claim in the required time, they may be barred from obtaining compensation; or
• Mishandling the product and ignoring instructions or warnings, which lead to the product breaking or being defective.

There are certain defects that may be created by tampering or mishandling an item. It is important for an individual to admit or deny any tampering they did to the vehicle that may have rendered it dangerous or defective. This is an important factor when determining liability.

Any of the parties in the distribution chain of the product may be held liable for the product defect, including:

• The product’s manufacturer;
• The party that is responsible for assembling or installing the product;
• The manufacturer of the component parts;
• The wholesaler;
• The retailer that sold the particular product to the consumer.

Are There Any Defenses to a Product Liability Claim?

The defendant may be able to show that something other than negligence is what led to a plaintiff’s injuries. The defendant would have to show that the manner of injury could not have been foreseen and, because of this, it could not have been prevented by safer manufacture or design.

Manufacturers and sellers may defend against strict liability claims by showing that the plaintiff was aware of the defect before the injury and still continued to use the product. Sellers may also defeat strict liability claims by showing:

• The dangers of a product are known to the public;
• The dangers of a product are inherent; and
• The manufacturer or seller provided clear warning of the dangers associated with the product.

Do I Need a Lawyer for a Knee Implant Lawsuit?

Yes, it is important to have the assistance of a defective products lawyer for a knee implant lawsuit. These lawsuits may include multiple defendants and involve great legal analysis.

If you have suffered an injury from a defective knee implant, it is important to contact a lawyer as soon as possible to ensure the statute of limitations does not run on your case.