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
- Infection
- 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
- Medication
- Surgery
- 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