According to the FDA the Zimmer NexGen Knee replacement implant has been linked to severe medical complication and side effects. Specific models associatd with dangerous side effects include the Zimmer NexGen CR-Flex, CR-Flex Porous Zimmer NexGen, and the MIS Zimmer NexGen LPS. Below is important information for individuals who have suffered medical complications due to the implantation of the medical device and seek legal questions regarding the filing of a class action lawsuit.
What is A Class Action LawsuitA 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 LawGenerally 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.