Experienced Tampa Product Liability Attorneys
Knee replacement surgery (otherwise known as an arthroplasty) is a procedure by which an implant, typically constructed using a mix of metal and plastic components, is installed on a deteriorated knee joint. The implant helps to relieve the pain and mobility issues associated with an unprotected knee joint. Conditions that can deteriorate a knee joint (thus requiring knee replacement surgery) include severe arthritis and osteoarthritis.
Unfortunately, as with other complex medical devices, manufacturers may not always design and manufacture safe products and inherent defects can expose patients to an unreasonable risk of harm.
Common Knee Replacement Defects
Common knee replacement defects include, but are not limited to, the following:
- Poor materials, leading to excessive wear and tear
- Loosening knee replacement implant
- Unstable knee replacement implant (due to fractures or otherwise)
- Bacterial infection
- Excessive loss of range of motion
Pre-existing Injuries
One of the main difficulties in many product liability disputes involving a medical device is that the end-user (the patient) already suffers from injuries/conditions that may be similar to the injuries suffered due to the product defect. For example, a patient who gets a knee replacement is already likely to have a deteriorated, weakened knee structure. Therefore, further damage to the knee structure (as a result of a defective knee replacement) may not be easy to separate and understand.
Fortunately, in Florida and elsewhere, even if you did not suffer a “new” injury, you are entitled to damages for any pre-existing injuries that were exacerbated by the defect.
Product Recalls and Liability
When a manufacturer recalls a product, they may not necessarily concede that the product is defective. Even if they do, they may argue that the defect at issue did not actually cause your injuries. Product recalls may be voluntarily undertaken by a manufacturer or imposed on them at the request of a government agency.
As such, from a product liability perspective, a product recall is not itself sufficient to “win” the case. It can, however, serve as evidence that the product was defective (particularly as there is likely to be internal documentation that may support the argument that the knee replacement product was defective). In order to prove that the product was defective, you will also have to introduce other evidence.
It’s worth noting that if your physician was aware of a product recall (relating to your knee replacement implant) and continued to recommend and surgically implant such products, you may have an actionable medical malpractice claim against them.
Contact The Florida Law Group to Setup a Free Consultation
The Florida Law Group is a boutique litigation firm serving a variety of clients in personal injury disputes that include those centered around product defect claims, such as hip implant defects (and associated recalls). Our attorneys have decades of experience representing the interests of injured clients and have gained critical insight into the strategies employed by opposing counsel in product defect lawsuits, enabling us to overcome the challenges presented by such litigation.
Unlike many of our competitors, we are focused on providing client-oriented legal representation. From the moment we are brought onto a case, we invest the time, effort, and attention necessary to learn about the client’s goals and limitations, and we tailor our representation accordingly.
Ready to move forward with your claims? Call 813-694-3601 or send us a message online to schedule a free and confidential consultation with one of the skilled Tampa product liability attorneys at The Florida Law Group today.
