The whole point of having knee replacement surgery was to improve your quality of life. So far, however, nothing has been easy. Your knee replacement implant failed prematurely and left you in pain and in need of further medical care.
You can protect your rights by pursuing a legal case against the manufacturer of the defective knee replacement device. Mass tort lawsuits against pharmaceutical companies are often complicated, but you can overcome legal obstacles, minimize stress, and maximize your recovery by working with a knee replacement injury lawyer.
Three Obstacles You Can Overcome in a Knee Replacement Mass Tort Case
As an individual who was hurt by a medical device, it is up to you to prove that the pharmaceutical company’s negligence was responsible for your injury. You may know that your knee implant failed prematurely. Your doctor and your lawyer may agree that the knee implant was defective. However, you still face:
- A well-funded pharmaceutical company that is motivated to defend itself. Pharmaceutical companies make money by convincing people that they will be better off with knee replacements than they are without them. Potential patients want to hear that they will be able to be more active and experience less pain. Medical device injury lawsuits often make the news and could be bad for business. Pharmaceutical companies do not want their reputations to suffer. These companies typically have the financial resources to fight claims by individual patients, but that can be harder to do if individual patients work together in a mass tort action.
- The obstacle of proving your case. There are risks involved in all knee replacement surgeries. You need to establish that you were hurt because of a pharmaceutical company’s negligent design or manufacturing of the knee replacement, or failure to warn you of side effects (such as premature implant failure) that were known or should have been known to the pharmaceutical company.
- The need to get evidence from the pharmaceutical company. As a patient, you do not have access to the pharmaceutical company’s design or manufacturing information, and you do not know what the company knew (or should have known) before it started selling and marketing the knee implant. You will need to get this information from a pharmaceutical company that does not want to give it to you. A mass tort lawyer knows what information to request and how to request in a legally compelling way so that you have the necessary evidence to prove your claim.
If you pursue a lawsuit on your own, then these obstacles can be overwhelming and may stand in your way of a fair recovery, but you don’t have to do this alone.
Contact a Mass Tort Attorney Today to Learn More
You don’t need to have a lot of money to win a defective knee implant case. Instead, you can contact a mass tort lawyer for help. By working with a mass tort lawyer, you:
- Have the advantage of sharing legal costs with others who have been similarly hurt.
- Do not need to pay legal fees until your claim is successfully resolved.
- Retain the right to make decisions about your case and to get an individual settlement.
- Have the resources that you need to protect your rights.
We understand that you have important decisions to make after you are hurt by a defective knee replacement. If you have been hurt by a DePuy Synthesis Attune Knee Replacement, a Zimmer Persona Knee System, a Zimmer High Flex Knee Implant, or another knee implant that failed prematurely, then we encourage you to contact the mass tort attorneys of Keefe Disability Law.
Please start a live chat with us or call us at any time to schedule a free, no-obligation consultation. We would be happy to review your potential claim and your legal options with you and then, if appropriate, to fight for your full and fair recovery of damages for things like medical costs, lost income, out-of-pocket costs, physical pain, and emotional suffering.