Zimmer Knee Class Action Lawsuit – NexGen Defect Claims
What is A Class Action Lawsuit
A class action lawsuit joins as many victims s possible against a single at liable (at fault) party. A class action lawsuits take place where there are multiple injured individuals with an identical caused of action against a sole defendants. Class action lawsuits are brought forth for the purposes of judicial efficiency and must include (1) a cause of action that is similar to all members of the class and (2)individual victims are numerically large enough to make it impracticable to bring individual cases. Should I Join A Class Action Lawsuit or File a Sing Party Claim: When a class action claim is settlement each individual member of the class will receive their share of the proceeds; each plaintiff in a class action lawsuit however is not permitted to a greater sum of money, regardless of the extent of their injury. Thus a person with a lesser level of injury will be awarded the same amount of compensation as individual who have suffered more extensive damages.- For example: If there are 100 members of a class and the per class settlement is $100,000 and your injuries amount to $150,000 you will only receive the $100,000 allotted to each member of the class.
Proving a Zimmer Knee Replacement Implant Defect in the Court of Law
Generally product liability claims are based on three distinct causes of action.- Defect in the original design of the product.
- Defect in the manufacturing of the product.
- Labeling defect – failure to warn consumer of known dangers and side effects associated with the product.
- Recovery for all medical and health related costs
- Future cost of medical and rehabilitation care including knee replacements
- Lost wages and loss of future income due to long term disability
- Pain and suffering associated with the defective medical device
- Punitive damages – can be awarded when the defendant, producers the knee implants displayed reckless disregard for the life and health of consumers. When a manufacture knew or should have known of the risk associated with the implantation of the produced implant but failed to properly notify the consumer.
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