In March of 2011 I underwent surgery to insert a bionet partial knee replacement in my left knee. All went well during the surgery and during the early weeks of rehab, However, at about 4 weeks after surgery my pain began to increase and the condition slowly deteriorated. It is now April of 21012 and the surgeon has determined that the cement used to fuse the device to my bone did not work. In May I will undergo a full knee replacement with all of the cost, pain, and inconvenience that goes with this surgery. Is there anyone I can contact that would help me sue for pain and suffering for what I have endured during the past year. This experience has changed the way I live, and interact with others. I am now addicted to narcotic pain medications due to the pain. Help
Medical device cases are very very difficult for legal and practical reasons. Some devices are essentially immune to claims because they have been subjected to a rigorous FDA approval process and passed it. Manufacturers of other devices can be sued, but these cases are very hard to prove and expensive to prosecute. How do you prove that the failure of the device was caused by failure of the cement? Maybe there is another reason. I'm working on one right now in which I've laid out well over $15,000 for expert analysis and laboratory work on a failed hip replacement, and I have not even filed a lawsuit yet. If my client's doctor had not secured the failed device I would not have gotten this far. Make sure your doctor secures the failed device when it is removed, and don't assume that he will be your ally when you try to pursue a lawsuit. He may be worrying that you will sue him, If a medical device is of a type involved in a mass tort case, you can find that out on line by googling the device. Lawyers who are handling cases involving those devices will pop right up. If there are mass tort cases involving allegations similar to yours, your claim is likely to be included whether you want it to be or not. This is just some general information about a very complex and difficult field. For specific legal advice, you will need to find lawyers in your state with experience in medical malpractice and medical device litigation. Initial consulations are generally free.
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If it was truly a failure of the cement, and if the knee components were preserved, a scientific expert in these types of devices may be able to confirm what your surgeon is telling you.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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