Call us today at (800) 400-8182

Verdicts & Settlements

Home  >  Verdicts & Settlements

  • Contact Us
  • Email Page
  • Print Page

Contact Us

Contact an attorney privately to learn your legal rights, all information is held in the strictest of confidence.






Zimmer NexGen Knee Implant

Zimmer NexGen Knee Implant Device Loose After 2 Years.
Should Last 15 Years.

Several Zimmer Artificial Knee Implants Recalled

In December 2010, the FDA announced a recall by joint implant manufacturer Zimmer Inc. of the NexGen Complete Knee Solution LPS Femoral Components. The devices were shown to exhibit a nonconforming internal CAM radius, although not every device was believed to be defective.

In September 2010, a recall was issued for the NexGen Complete Knee Solution MIS Tibial Components. This device was recalled after receiving complaints of loosening that often resulted in patients undergoing painful and expensive revision surgeries.

Rights of Victims

The failure of certain Zimmer artificial joint devices can cause symptoms such as pain, looseness, instability and swelling at the site of the implant, and can ultimately lead to revision surgery. Revision surgery is costly and painful. Recovery takes at least as long as the original surgery, and for many people, this means a detrimental loss of income, on top of extensive hospital bills. Patients who have suffered early device failure, especially that which leads to revision surgery, deserve compensation for the associated physical, financial and emotional losses. Compensation can be obtained by filing a claim against Zimmer with the help of one of the experienced and aggressive personal injury attorneys of Oshman & Mirisola.

Research Discovers Additional Zimmer Implant Failure

As part of the mounting public scrutiny over under-regulated medical devices, prominent medical experts have expressed grave concern over the serious risks associated with another popular Zimmer knee implant device: NexGen CR-Flex. The NexGen CR-Flex Knee Implant is intended for total knee replacement.

Some doctors have found that the porous non-cement femoral component of the device (the part that covers the head of the femur or thigh bone) is prone to high failure rates. Two renowned Chicago orthopedic surgeons—Richard Berger and Craig Della Valle from Rush University Medical Center—argue that Zimmer’s NexGen CR-Flex Knee Replacement devices should not be used on any patient, given their high risk of failure and serious side effects.

It was increasing concern over the NexGen CR-Flex that prompted Berger, a former Zimmer consultant, and Della Valle to conduct research on the implant. The study found that within two years of Zimmer NexGen CR-Flex knee implantation, 36 percent of the implants of study participants were loose and more than 8 percent required revision surgery due to looseness and serious pain. Dr. Berger describes this failure rate as “horrific.”

MDL Consolidation Strengthens Lawsuits Against Zimmer

Those involved with suits against Zimmer regarding certain NexGen knee replacement products have won the right to have their actions consolidated into an MDL (multidistrict litigation). This was an important step for those who have filed claims and those who are considering filing. Now the MDL plaintiff steering committee can help these clients and their cases by working together and sharing information to build a stronger attack against Zimmer.

Have You Been Injured by an Artificial Joint Made by Zimmer?

If you or a loved one has received a failing Zimmer NexGen knee replacement device, you may have a legal case against Zimmer. Please contact the qualified and skilled medical device attorneys of Oshman & Mirisola who will listen to your story and determine the best way to help you receive compensation for medical expenses and lost income, as well as your physical and emotional suffering.

Lack of Safety Testing on Medical Devices in US

According to a New York Times report, US orthopedic medical device makers are not required to submit safety data prior to FDA approval if a similar device has already been approved, making it difficult to determine the true safety of each medical device on the market today. This questionable process, known as 510(k) approval, is considered outdated and unsafe by many experts in the medical device field. As the news report attests, “those with the most to lose [from this lack of safety testing and reporting] are the hundreds of thousands of people who receive an orthopedic device each year.”

 

Tylenol/Acetaminophen

FDA LOWERS THE ACETAMINOPHEN DOSAGE LIMIT
& PROPOSES BLACK BOX WARNING

On January 13, 2011 the Food and Drug Administration (FDA) lowered the limit of acetaminophen allowed to be included in prescription drugs to only 325 milligrams per dose. The FDA also mandated an update to labels of all prescription combination acetaminophen products to warn of the potential risk for severe liver injury. There is a wide array of both prescription and over the counter drugs that include acetaminophen (see list of drugs at the bottom of this page) and prior to this new limit, many of the prescription medications had up to 750 milligrams of acetaminophen per dose. The FDA also now proposes inclusion of their most severe “Black Box” warning on all prescription products that contain acetaminophen.

Sandra Kweder, M.D., deputy director of the Office of New Drugs in FDA’s Center for Drug Evaluation and Research (CDER) said, “FDA is taking this action to make prescription combination pain medications containing acetaminophen safer for patients to use. Overdose from prescription combination products containing acetaminophen account for nearly half of all cases of acetaminophen-related liver failure in the United States; many of which result in liver transplant or death.”

TAKING MORE ACETAMINOPHEN THAN YOU KNOW. WHAT IS APAP?

“APAP” is an abbreviation for acetaminophen that many drug-makers use as shorthand in the list of ingredients on their drug packaging. Even if the prior dosage of acetaminophen had been an appropriate amount, it is not uncommon for users to accidentally exceed recommended dosage limits by taking more than one medication that includes acetaminophen at a time without realizing it because they do not recognize that “APAP” is, in fact, also acetaminophen! Some of the most popular drugs that use the abbreviation “APAP” are Percocet, Vicodin, and Tylenol with Codeine, among others. (more…)

$42,000,000 – Medical Malpractice – Cerebral Palsy

Defendants failed to properly monitor the progress of plaintiff’s labor including, not performing follow-up internal examinations, not augmenting labor with pitocin, failing to accurately interpret fetal heart monitor strips, failing to diagnose fetal distress, failing to promptly perform a Caesarean-section and failing to respond to fetal bradycardia. The settlement included both a cash payment and structured annuity.

$22,500,000 – Brain Injury – Medical Malpractice

Brain Injury. Medical Malpractice. Plaintiff suffered brain damage as a result of an hypoxic event which occured after cardiac surgery. While in the hospital neonatal unit, a nurse improperly positioned an intubation tube. This resulted in decreased oxygenation to the brain and cerebral palsy, neuromotor impairment, seizure disorder, development delays of gross and fine motor skills, and delays in cognitive and language development. The settlement included both a cash payment and structured annuity.

$10,500,000 – Medical malpractice – Cerebral Palsy

Medical malpractice. Cerebral Palsy. Child suffered severe brain damage as a result of medical malpractice which occurred during prenatal care. Physician noted in chart the likelihood of pre-mature birth yet no treatment was rendered to the mother prior to delivery. Case was tried by current Oshman & Mirisola attorney John Langell.

$5,900,000 – Automobile Accident – Spinal Injury

Automobile Accident. Spinal Injury. The plaintiff was a 12 year old passenger in an automobile involved in a highway accident with a truck. She sustained an L1 and L2 lumbar vertebral fracture dislocation requiring a successful posterior spine fusion and bone graft. The settlement included both a cash payment and structured annuity.

$4,900,000 – Motor Vehicle Accident – Brain Injury

Infant struck by speeding vehicle which mounted a sidewalk sustained frontal lobe brain damage affecting his emotional and behavioral conduct.