The Sugar Land, TX lawyers of Reed & Terry, LLP have helped numerous clients with defective medical device lawsuits, such as cases involving faulty knee replacements. If you’ve undergone knee replacement surgery, there are some key warning signs that your artificial knee is defective. Be mindful of the following:
- Pain and soreness of the knee
- Stiffness of the knee
- Swelling of the knee
- Numbness around the knee
- Weakness of the knee
- Infection around the knee
Attorneys Jackson Reed and Travis Terry would like to consider some other important considerations for people seeking a lawsuit over a defective knee replacement. We can discuss more granular matters about litigation during a consultation at our office.
Reasons for Knee Replacement Defects
If there is a problem with the knee replacement itself, there could be issues with the design of the knee replacement or the manufacturing of the knee replacement.
- Design Defects - Design defects mean that the knee replacement is inherently flawed and more likely to break or function improperly even though it is placed properly.
- Manufacturing Defects - Manufacturing defects mean that the knee replacement is designed well but issues with material, quality control, or human error during fabrication/assembly caused the knee replacement to be defective.
Holding Medical Companies Liable
Whether it was a design defect or a manufacturing defect, it’s important that the medical company that made the knee replacement be held accountable for endangering patients. Our lawyers will hold companies such as Zimmer-Biomet, Stryker, Depuy-Synthes, and Smith & Nephew liable for any harm they cause consumers/patients.
Knee Replacement Surgical Errors
We should note that in addition to the knee replacement being defective, surgical errors could contribute to or exacerbate the failure of a defective medical device. When a surgeon makes a mistake, it could result in the knee replacement failing much sooner, or being more likely to fail.
Holding Doctors and Surgeons Accountable
In addition to holding medical device manufacturers accountable for their negligence, our lawyers can also hold surgeons accountable for their mistakes. Medical professionals are supposed to care for patients and promote wellness. This is their duty, and they should be held to a high professional standard when people’s lives are at stake.
Statute of Limitations for Defective Medical Device Lawsuits
The statute of limitation for product liability lawsuits in the state of Texas is two years from the date of injury/harm. For surgery mistakes and medical malpractice that may have contributed to a knee replacement failure, the statute of limitations is also two years.
Be sure to file your lawsuit within that time limit, otherwise you will not be able to seek a civil action.
Damages in Knee Replacement Lawsuits
When seeking damages in a knee replacement lawsuit, compensatory damages and punitive damages may be sought.
- Compensatory Damages - Compensatory damages refer to damages that cover material losses associated with your injury. This includes the cost of medical treatment, lost wages, lost future incoming, and emotional pain and suffering.
- Punitive Damages - Punitive damages are damages that go beyond material losses. These punish the negligent party for their actions, with higher amounts awarded depending on the egregiousness of the negligence/recklessness.
Learn More About Your Legal Options
For more information about your legal rights after discovering you have a defective knee replacement, be sure to contact our team of defective medical device attorneys. The lawyers of Reed & Terry, LLP are here to help you. You can reach our legal offices in Sugar Land, Richmond, and Katy by phone at (281) 201-0988.