Zimmer NexGen Knee Last 15 Years? Try Four Months…

Marshall, TXImagine the physical and emotional rollercoaster that comes with having a knee replacement, only to experience revision surgery just four months later. That's what happened to a Zimmer Knee replacement patient who has since filed a NexGen lawsuit against the manufacturer of her artificial knee.

Surgery has both its rewards, and challenges. A patient benefits from the outcome of the surgery once the body has had the chance to heal. That takes time. For a busy individual in need of keeping pace with life's treadmill, clearing time for surgery and the requisite healing process is not an easy task.

One can imagine, then, the challenges presented to plaintiff Jackie Warnstaff after she not only had to contend with the initial surgery for her Zimmer NexGen Knee Replacement, but to also set aside additional time and opportunity for the required revision surgery after the initial component allegedly failed.

As chronicled in the Southeast Texas Record (6/15/12), Warnstaff had her right knee replaced with a Zimmer NexGen in December 2009. Given the proximity of the surgery close to the Yuletide and New Years' holiday, such a break bodes well for creating opportunities to heal following a surgical procedure.

However, according to the report, the Zimmer NexGen knee allegedly failed four months later, requiring Warnstaff to undergo revision surgery to replace the allegedly defective device.

As with artificial hips, prosthetic knees such as the Zimmer knee are designed and intended to last a series of years—usually, 15 to 20 years under normal use. In recent years however, a spate of latest-generation products featuring updated designs and newly introduced materials from various manufacturers have proven problematic, requiring repair and replacement sometimes mere months following initial implantation.

Part of the problem, say critics, lay with guidelines observed by the US Food and Drug Administration (FDA) that allows for the fast-tracking to market of any device which is substantially similar to that which is already on the market and used successfully. In truth, updated designs over time bear little resemblance to an original device that was rigorously tested prior to appearing on the market.

Warnstaff is accusing Zimmer of strict liability for design defect, failure to warn, and manufacturing defect, negligence, negligent misrepresentation, breach of express and implied warranties, and redhibition. She is seeking compensatory damages for economic loss, loss of services, pain and suffering, emotional distress, punitive damages, statutory damages, attorney's fees, interest, and court costs.

The NexGen lawsuit is Case No. 1:12-cv-00291