Legal Question in Product Liability in Georgia
Is there a class action against the manufacturers of knee hardware? Though I have had both replaced, I still have a great deal of pain and difficulty - I had an excellent surgeon but it seems that by now I should not be having so much pain with them - I am 6 years post surgery on the left knee and 5 on the right.
2 Answers from Attorneys
It is possible that the hardware used in your surgery was recalled and litigation may be taking place. You would need to get a copy of your medical records from the hospital to determine exactly what product was used in your surgery. You may also have issues with the Statute of Limitations, so time is of the essence.
Products liability actions must be brought within two years after the plaintiff suffers the injury or within two years of the time the plaintiff discovers or should have reasonably discovered the harm so long as such an action is brought within 10 years of the first manufacture or consumption of the product.
If your knee product was Zimmer NexGen Knee Replacement, you can contact my office and I can help you find attorneys that might take your case.
Best,
David H. Glass, Esq.
Our office has handled defective knee implants manufactured by Smith & Nephew, Zimmer and other manufacturers. You need to obtain your medical records (including the "Chart Stik" in the hospital records) which will identify the type implant you have, and discuss it further with your surgeon regarding another knee replacement, and be sure to retain the hardware if you have your implant removed. Do not delay, however, as Georgia has a 2 year statute of limitations (using a form of the discovery rule) and a 10 year statute of repose. You may call us at 404-524-5626 for a free consult, or visit our website at www.johnsonward.com.