Susan filed a Zimmer NexGen claim after she picked up copies of her medical records that showed both knees appeared to have the reference number and size that corresponded on the company’s website with its Zimmer knee replacement recall.
“I had both knees replaced in 2007 and have endured constant pain ever since,” says Susan. “I was advised by my family doctor and the orthopedic surgeon that, by having both knees done at the same time, I would feel tremendously better and be able to exercise more. I needed to lose weight and regain my active lifestyle that was left behind when the knee pain prior to surgery became unbearable. Instead, I have gained more weight and have significant constant pain in my right knee post surgery. While I have pain in both knees, the right is significantly worse than the left.”
Now that Susan pretty much has a sedentary lifestyle, she is afraid of other problems that come with that, such as heart issues and diabetes. Sitting or standing for any length of time is also an issue.
“I used to love singing at my church but that is no longer enjoyable as it once was,” she says. “I either have to endure serious pain from sitting and standing throughout a performance and rehearsal, or I have to skip them altogether. It has become very painful to sing for even a short time at Church on Sundays.”
Susan read with interest the latest Zimmer NexGen litigation. In a brief filed February 28, 2014 by Zimmer in the U.S. District Court for the Northern District of Illinois, the company said that plaintiffs have complained for three years that its NexGen Flex femoral components loosen at an unreasonably dangerous rate. Zimmer is arguing that none of the proposed cases in the latest bellwether case selections involve femoral component loosening. Zimmer said this complaint is “the very issue upon which Plaintiffs have consistently attempted to justify this MDL.” The plaintiff side has also objected to Zimmer’s bellwether case selections.
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Zimmer NexGen recalled certain components in September 2010 due to design or manufacturing problems. As well, Zimmer recalled certain NexGen LPS knee components due to “inconsistent geometry and non-conforming designs.”
Susan believes she may have suffered from femoral loosening but needs to confirm that with her surgeon and then her attorney. She is hopeful that the bellwether cases will proceed with other complaints. “Zimmer admits its product was faulty so if any component loosens and causes revision surgery, they should be held liable,” she says.