Patients who receive knee replacements usually expect a better quality of life along with less pain and increased mobility. This surgery can be painful and may require several weeks of recovery. However, for many patients, the end result is worth the difficult process of healing.
If you believe you could be suffering due to a defective knee replacement, you may want to contact a West Palm Beach knee replacement lawyer. A well-practiced mass torts attorney could help build a case that gives you the best chance at receiving compensation for your financial damages and your pain and suffering.
Common Product Failure Lawsuits
The laws that govern liability for knee replacement failures in West Palm Beach are addressed in Florida Statutes §768.81. Courts generally examine two theories when it comes to product liability. The first is a problem with the product itself, and the second is the negligent actions or inactions of a product’s manufacturer, seller, or the distributor.
What Elements Must be proven to Obtain Damages?
As a West Palm Beach knee replacement lawyer knows, a defendant may be held strictly liable for a defective knee implant if a plaintiff can prove there was a defect that caused an unreasonably dangerous condition. Furthermore, products can be deemed defective in relation to three distinct issues:
- Marketing Defects
The design of the knee replacement refers to how the product turned out, the way that it was designed, and whether it is considered dangerous. Manufacturing refers to whether or not the replacement is considered up to par with the design when it was manufactured and accordingly caused the plaintiff damages. If the product lacked required warnings or certain instructions that, if present in or on the product’s packaging, could have circumvented or reduced the risk of harm.
Compensation for Knee Replacement Defects
Defective knee implants can cause pain, infection, impaired mobility, damage to bones, muscles, and surrounding tissues, and a variety of other health issues. As such, Florida state laws provide for a variety of potential compensatory damages for plaintiffs in a defective product lawsuit.
A knee replacement patient injured by a defective implant—whether made by DePuy, Zimmer, Stryker, or any other manufacturer—may be able to seek compensation for such things as medical bills, missed time off work, future wage loss, and even emotional pain and suffering. A knee replacement lawyer in West Palm Beach could further explain the types of compensation an injured knee replacement recipient may be eligible for.
How a West Palm Beach Knee Replacement Attorney Could Help
Unfortunately, some patients never get to see the improved quality of life that a knee replacement can give them, or it is only short-lived. This is because many different knee replacement implants have been found to be defective and cause harm, including the Attune system manufactured by DePuy as well as other knee implants from Stryker and Zimmer.
If you are ready to take back control of your life and do something about the pain and damage a faulty knee replacement from DePuy’s Attune system, Zimmer, or Stryker caused you, contact an experienced West Palm Beach knee replacement lawyer today. Call today to speak with an attorney who could review your potential case and discuss with you what your options are for the next steps.