Successful litigation for bad TKR surgeon and/or faulty device?
I'm wondering if anyone has had success seeking remedy for a bad TKR. My experience/process was especially awful involving surgeon error and a faulty artificial knee. Pain and suffering for 2 years. You may pm me if you wish. Many thanks!
Interested in more discussions like this? Go to the Joint Replacements Support Group.
They all stick together
I'm not sure this is true in all cases. Surgeon 1 has no connection to surgeon 2. Completely different practice/city, etc. Also I've been reading about awards online to people whose Dupuy knees failed. I have the op notes from both surgeons. Anyone else have experience with litigation?
@babette a friend who went through a somewhat similar situation as you did was told it’s practically impossible to sue. Of course not all lawyers may not feel the same. The thing is, you have to prove negligence. Her problem was that the wrong size rod was used.
It certainly would not hurt to speak to a lawyer. You really went through a lot of misery before finding a doctor who diagnosed the problem and fixed it.
JK
@babette, There is an active lawsuit that lists manufactures and devices claimed to be faulty.
Knee Replacement Lawsuit - https://www.drugwatch.com/knee-replacement/lawsuits/
@johnbishop Good day to you. This information is so Interesting & eye opening as to how many faulty knee replacement mfg's had bad results & faulty mechanisms. I'm not ready to start my knee replacement surgery until I can wean of a medication that is causing alot of stress on my body/mind. I read abt all good & bad issue's pertaining to this issue. Thank you for this info.
@msstoppainnagginme, I had a knee replacement a year ago April and I see that my hardware is listed but I haven't had any issues at all so I'm thinking there's a lot more to it than meets the eye. I also had a great surgeon and care team at Mayo Clinic who went over all the details prior to the surgery.
@johnbishop. Good to know, John. Thankfully my R knee, the Conformis, is not listed but I don’t even know what my first knee is. When I had it done I was ignorant of all of this and had no idea it mattered.
JK
All I had to do to find out which knee surgeon 1 used was get the op note. There is was: the Dupuy Attune, the very knee that has mountains of lawsuits against it starting in 2017 - my first surgery was in 2018!! So my surgeon either knew about the litigation and didn't care or wasn't well informed enough to know.
My surgeon used the DePuy Synthes Attune Knee system and I have been quite happy with it although it's only been since April 2019 since my TKR if that makes a difference. I would think that bone cement also plays a big part as well as the surgeon's skill (IMHO).