If you had complications from a failed knee replacement implant, like a faulty Exactech device, you could seek damages through a lawsuit against the manufacturer. The average payout in these kinds of cases is $110,000. However, at the beginning of a lawsuit, it is impossible to say exactly how much you can get until the liable manufacturer pays damages at trial or makes a settlement offer.
Remember that you could get compensation for your medical bills, lost income, and even punitive damages if the court orders. Generally, the higher your losses with a defective implant, the more compensation you could receive from a knee replacement lawsuit. Read on to learn more about how lawyers estimate possible knee replacement settlement payouts.
Judging Your Potential Compensation Based on Average Knee Replacement Settlements
One way that lawyers give their clients an estimate of their potential knee replacement settlement amount is by comparing them to similar liability cases.
In general, when companies have to pay out for knee replacement failures, they pay about $110,00 for each plaintiff. This is a very conservative figure, however. These knee replacement recall lawsuits are mass tort cases against medical device makers who might have acted negligently. If you are part of a case that goes to trial, the jury can award punitive damages. This could double the average expected payout, at a minimum.
Some lawyers estimate that plaintiffs can see around $220,000 in a knee replacement settlement. However, many other factors can determine what plaintiffs receive. The unique factors of your case can play a role in your potential settlement, including:
- The seriousness of the resulting medical complications
- The cost of your surgery, hospitalization, and other care needs
- The impact on your career and life
- Who bears liability for the recall
Other factors could also play a role in how much you receive in a settlement or award.
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ClientDamages You Can Seek in a Knee Implant Lawsuit
In a knee replacement liability lawsuit, you can seek damages for costs and losses related to a recalled implant device. After all, your knees are the foundation of your mobility. As a result, you could face chronic pain, be out of work, or face other hardships.
So, you can seek damages such as:
- Medical bills. This includes past, present, and future expected care. For instance, this could include out-of-pocket costs for surgery, hospitalization, physical therapy, travel for surgery, medications, and more.
- Lost income. If you had to miss work because of complications and your treatment needs.
- Reduced earning capacity. If you cannot work your regular hours or have to take a lower-paying job over the long-term.
- Pain and suffering. If you have physical pain or emotional suffering because of your lost mobility, chronic pain, or other challenges.
- Punitive damages. The jury can award you additional compensation to punish the manufacturer.
- Wrongful death damages if you lost a loved one. This could include compensation for your late loved one’s medical expenses, funeral and burial costs, and intangible losses.
A lawyer knows what damages you could seek in a knee replacement recall lawsuit. They can gather evidence to support your case for compensation, including for your financial and non-financial losses.
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Rick Smith | ClientThe Cost of Revision Surgery is Often High
Many people who suffer knee replacement implant failure will need revision surgery. Unfortunately, studies show that these injuries are more expensive than the primary surgery and often not as successful.
Hospitals often get about 24% more in insurance reimbursement for these procedures. According to BioMed Research International, joint revision surgery is usually more expensive than the primary surgery because:
- It often requires a more extended hospital stay. For example, revision surgery can require four more days in the hospital compared to the primary surgery.
- Surgery can take longer. The average time to complete a revision procedure is nearly an hour longer.
- There are higher costs to prep for surgery. Perioperative procedures are another reason cited for higher revision costs.
So, let us say that the average total knee replacement surgery is $50,000, as Healthline reports. Comparable revision surgery may be about $62,000, then. Also, revision surgery for a total knee replacement can be more surgically challenging, lead to less optimal results, and require more surgeries in the future, per Experimental and Therapeutic Medicine.
You may be able to seek compensation for these additional costs and losses. But, again, a lawyer can ensure you go after the amount you deserve based on your unique health circumstances.
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ClientLearn More About Compensation for Knee Replacement Recalls and Your Eligibility
Working with a knee replacement attorney from Laborde Earles Injury Lawyers can be especially beneficial since they have experience valuing damages in mass tort cases. They can ensure you go after the highest possible amount and not just accept the average payout for a knee replacement recall.
