Zimmer Biomet NexGen knee replacement claims

Which implant/component combinations are affected?

Not all NexGen knee components are part of the recall. The recall currently concerns the NexGen Stemmed Option Tibial Components when used in combination with either the Legacy Posterior Stabilised (LPS) Flex or LPS Flex Gender Solutions Femoral (GSF) components. Although, investigations are ongoing into combinations with other components.

The issue with the NexGen knee has since been identified as its tendency to cause early tibial loosening in patients. This is where the tibial tray, which is the section of the component cemented to the shinbone, has come away from the bone itself, causing patients to suffer from pain and instability in their leg. The only way to successfully treat this loosening is to remove the defective knee prosthesis and replace it with a totally new one, often much earlier than most patients would have had to have the knee revised, if at all.

How many people may be affected?

The BBC’s investigation discovered that concerns around the longevity of the implant were first raised in 2014 by the National Joint Registry (NJR). The NJR is a system that records all types of prostheses implanted into patients, including knees, and provides valuable information into their performance and longevity. Their response to the first concerns raised was that there was insufficient raw data to draw any reliable conclusions as to the performance of the implant at that point in time, and so nothing further was done.

Who this may apply to

Patients across the United Kingdom should have received recall letters suggesting that they should return to their original implanting clinics for investigation as they may have received a defective combination of devices. The NHS have not sent out any recall notices, and rely on patients presenting themselves with symptoms, whilst I severe pain. Many patients have found themselves in severe pain and having to undergo further remedial treatment, including early revision surgery.

Common symptoms

The most common symptoms of a loose knee replacement include, but are not limited to:
• pain
• swelling
• difficulty walking
• instability
• redness and warmth around the original wound site
• painful popping
• reduced range of motion

If you experience any of these symptoms, then your first course of action should be to contact your doctor for advice. Be sure to ask them what make and model of joint prosthesis you have.

Some patients who have defective joint implants may not experience any physical symptoms of failure. Abnormal blood test results and x-rays can also be signs of a defective implant.

Where treatment took place

The implant has been widely used in both NHS and private hospitals, including those undertaking work for the NHS, since.

What we need to check eligibility

When components are implanted into a patient the  product labels will be documented in a patient’s hospital records. The component labels will record the identity of the manufacturer and all batch and reference numbers. This information is also sometimes entered on a central register at the National Joint Registry (NJR). Patients can obtain the information from the hospital they received treatment from or the NJR.

Does it matter if my surgery was NHS or private?

The implant has been widely used in both NHS and private practice, including outsourced NHS patients.

Time limits

There are time limits involved in personal injury claims. There is a three-year limitation period in any negligence claim involving personal injury, which runs from the date that a person knew, or ought to have known , that they had become injured as a result of a defective product. For many, this will run from the date that they were diagnosed with the tibial component loosening, but it may also run from whenever you first experienced symptoms and attributed those to resulting from a problem with your knee implant.

In claims against the manufacturer, if you wish to take advantage of the Consumer Protection Act 1987 which should in theory provide strict liability for a defective product, then there is an additional time limit which expires ten years from the date that the product left the control of the manufacturer, which is usually when it leaves the factory to be sold. Medical prostheses (or their components) will typically sit on the shelves in hospitals for significant periods of time before they are implanted into a patient and so it is likely that this period will have started running some time before your knee prosthesis was actually implanted.

It is the expiration of the earlier of these two dates by which court proceedings must be issued to prevent a claim becoming statute barred. It is therefore important that, if you think you have been affected by this device, you seek appropriate medical and legal advice as soon as possible .

Our NexGen knee claims experience

Hugh James is instructed to represent patients who have been recalled to their hospitals and clinics because their NexGen knee replacement’s components have been recalled at the manufacturers request.

Hugh James have previously represented and continue to represent several hundred other patients who have had unsuccessful orthopaedic joints implanted.”

If you experience any of these symptoms, then your first course of action should be to contact your doctor for advice.

Your next course of action should be to contact our Harmful Products team to see if you have a claim.

If you believe that you have received a faulty NexGen knee implant and are now suffering from the impact of this, our product liability lawyers may be able to assist you in obtaining compensation. Please do not hesitate to get in contact with us for a free, no obligation discussion to explore whether we can assist you.