According to Healthline, about 600,000 knee replacement surgeries are performed each year in the United States. Approximately 90 percent of patients who have had a knee replacement report a significant reduction in their pain and that their knees continue to function after 15 years, with 82 percent still functioning after 25 years.
However, not all knee replacement surgeries are successful. Some procedures can leave patients with defective knee implants, which can result in other injuries and damages. If you or a loved one received a defective knee implant, you may qualify to pursue compensation.
A Lafayette knee replacement lawyer from Laborde Earles Injury Lawyers may be able to help you recover compensation for your damages. We can review your case in a free consultation and explain your legal options before building your case.
You May Qualify for Damages Related to a Defective Knee Replacement
If you or a loved one sustained injuries because of a defective knee implant, you may have grounds to pursue compensation for damages in a product liability case, which falls under personal injury law.
These types of cases allow plaintiffs to list the grievances they suffered due to their injuries and demand compensation from the liable party or parties.
You May Be Able to Recover Costs for Your Medical Treatment
Many malpractice victims want compensation for their medical expenses, which may include the costs of:
- Past and future surgeries required to treat the victim’s knee injury
- Knee implants and other medical equipment, such as wheelchairs or canes
- Doctor’s appointments
- Prescription medicines
- Physical therapy and rehabilitation
However, you may be entitled to other damages in addition to your medical expenses, which can be divided into economic and non-economic damages.
Economic Damages Include All Financial Losses, Expenses, and Debts
Many people get knee replacement surgery to regain functional abilities in their knees and return to work, so when an error occurs, the consequences can be costly for patients. If you were forced to miss more work than expected and suffer other financial damages because of a failed knee replacement surgery, you may have a right to demand compensation for these losses.
Economic damages can include:
- Income you lost because your knee injury made you unable to work
- Income you should expect to lose if your injury requires long-term treatment or is permanent
- Reduced earning potential
- Missed opportunities because of your knee injury
- Transportation costs to doctor’s appointments
- Care services, such as caregiving services, lawn care, and home care
Our legal team can review your situation to see how the effects of your knee replacement surgery affected your finances and add these costs to your demand letter.
Non-Economic Damages Include Your Physical, Emotional, and Mental Damages
When calculating the value of your case, we want to factor every type of damage you’ve suffered, including your physical and emotional losses. Dealing with the stress and pain of a defective knee implant can disrupt anyone’s life. A Lafayette knee replacement lawyer can advocate for you and demand you be compensated for these damages.
Non-economic damages may include:
- Pain and suffering and inconvenience
- Emotional distress
- Physical disfigurement or permanent disability caused by the defective implant
- Loss of enjoyment in hobbies and activities because of your injury (e.g., walking, jogging, cycling)
- Diminished quality of life
If your knee injury affects your life in other ways, we can discuss your case in further detail in future consultations.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.Client
Our Legal Team Can Build a Medical Malpractice Case Around Your Knee Injury
When you hire a Lafayette knee replacement lawyer from Laborde Earles Injury Lawyers, we have the experience to recognize what materials you need to build your case and support your case arguments. We can serve as your legal representative and petition for your right to receive compensation, guiding you each step of the way in the claims and litigation process.
As a service to our clients, we offer to:
- Investigate your case by reviewing your medical records and the product history of the defective knee implant
- Collect evidence to support your claims, which may involve consulting a medical expert who can testify on how the implant may have caused your injury
- Communicate with all involved parties, including insurance companies
- Fill out legal paperwork and submit it on your behalf, which may include sending notices to medical parties and the product company that manufactures the knee implant device
- Negotiate a settlement to avoid taking your case to court
- Represent you in trial if necessary
Our legal team is here to answer all questions you have about your case and provide comfort in this trying time of your life. We are transparent in our legal counsel and aim to represent you in your legal interests.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.Rick Smith | Client
How Common Are Knee Replacement Device Procedures?
With a growing Baby Boomer population and obesity problem in America, knee replacements have been significantly rising over the last two decades. In fact, joint replacement in this country has become a $7 billion industry.
High demand and the potential for notable profits have caused knee replacement manufacturers, such as DePuy and Stryker, to rush to get their products on the market and into the hands of surgeons.
FDA Regulations Allow Products to Enter the Market With Limited Testing
Under 21 CFR 807 Subpart E, the Food & Drug Administration (FDA) allows medical device manufacturers to apply for the 510(k) premarket program. This program allows manufacturers to bring their device onto the market with only limited testing, as long as a similar product has already been placed on the market for use.
However, during this profit-driven rush to market, these knee replacements are not always tested for short-term use. As a result, many knee replacements approved for this market are now failing at an astonishingly high rate.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.Client
Understanding the Risks of HVC Bone Cement
Another potential problem with knee replacements is the use of HVC bone cement. This is an epoxy cement used by surgeons to attach the components of a knee implant to a patient’s bone during a total knee replacement. HVC stands for high-viscosity cement, which has shorter mixing and waiting times than lower-viscosity cement.
Side Effects of HVC Bone Cement
While HVC is less time-consuming and more convenient than other options, there is growing evidence that it does not produce as dependable of a bond as its alternatives. Even when used with a high-quality, well-performing implant, adverse results can occur.
Side effects of defective HVC include:
- Implant loosening and debonding
- Unusual swelling at the joint site
- Decreased range of motion
- Persistent pain
- New chronic pain
- Pulmonary embolism
- Bone Cement Implantation syndrome
If you are experiencing any of these side effects, you should seek a medical examination as soon as possible.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.Client
Work With a Knee Replacement Attorney
If you believe or were told by a physician that you received a faulty knee replacement, have one that is causing problems, or experienced any of the above symptoms from HVC, you may benefit from the representation of a Lafayette knee replacement lawyer. Call (337) 777-7777 today to find out if you have a legal case regarding your knee replacement.
Depending on the circumstances, you may be eligible to seek compensation through what is known as a mass tort. The benefit of these types of lawsuits is that there could be hundreds of thousands of other patients experiencing the same problems, which gives credibility to your claim and may increase your chances of recovering financially for your injuries.