The FDA has recalled several defective DePuy knee replacements because they can fracture during normal walking activities. Fractured knee replacements can cause severe infections, loss of walking ability, leg amputation, and even death.
DePuy Knee Replacement Class Action
The Schmidt Firm, PLLC is nationally recognized as a class action law firm. However, we have decided against filing a DePuy knee replacement class action lawsuit. Although there are benefits to joining a class action lawsuit, you may actually be able to maximize your recovery by seeking individual legal representation and filing a personal injury lawsuit.
What is a class action lawsuit?
When most people think about large medical device litigation, a class action lawsuit likely comes to mind. If you decide to join a class action lawsuit, your individual claim would be consolidated with many other claims from people with similar injuries. One “class representative” represents you and everyone else in the class action. If there is a settlement, it is usually split evenly among the class members. However, in some cases, the settlement amount could be less than what you actually deserve.
Knee Replacement Lawsuits
If many people file a DePuy knee replacement lawsuit, it is very unlikely that the litigation will be resolved solely through a class action. In the United States, most large medical device litigation is actually resolved in a Multi-District Litigation (MDL). An MDL transfers individual lawsuits from many state courts to one federal court, centralized under one judge. Unlike a class action, lawsuits in an MDL remain independent. If they cannot be resolved, they are transferred back to the state court where they were filed.
What DePuy Knee Replacement Was Recalled?
DePuy Orthopedics recalled the LPS Diaphyseal Sleeve in February 2013 and the LPS Lower Extremity Dovetail Intercalary component in July 2013. These are component of the LPS System (Limb Preservation System), which is a type of knee replacement designed to help a surgeon reconstruct damaged tissue and bone. The problem is that DePuy received reports of the LPS fracturing or loosening at the taper joint (6 reports of fracture, and 4 reports of loosening). These injuries occurred during normal walking activities.
DePuy voluntarily issued a Class 1 recall, which is reserved for devices that have a good chance of causing severe injury or death. The U.S. Food and Drug Administration (FDA) announced the recall in the following Safety Communication.
Knee Replacement Problems
- Decreased walking ability
- Loosening or instability in the knee
- Soft-tissue damage
- Loss of leg function
- Amputation of the leg
- Additional surgery
- Revision surgery (remove and replace knee implant)