subject: Zimmer's Failure to Heed Surgeons' Warnings Leading to Lawsuits [print this page] Zimmer's Failure to Heed Surgeons' Warnings Leading to Lawsuits
When Dr. Richard Berger first alerted Zimmer to his findings that the NexGen CR-Flex was failing at a much higher rate than normal, the higher-ups at the medical device company were not very responsive. In fact, Zimmer asserted that the problem was not in the device. As a result, Dr. Berger put a study together a few years later with help from colleagues at the Rush University Medical Center further substantiating his initial findings. In response, the company made a public statement indicating that it was Dr. Berger's technique, rather than the device that was behind the failures.
Zimmer, one of the world's largest manufacturers of medical devices will be on the hook if there is a Zimmer Nexgen Knee Recall, so it is only natural that they would be defensive about their product. However, companies that put out such devices bear a responsibility to the public to ensure the safety of their product before it goes to market. If more and more people come forward reporting loosening, pain, or other failure of the NexGen CR-Flex knee replacement system, then the company will look particularly bad given its public response to Dr. Berger's concerns.
It would not be the first time a Zimmer product has been subject to a recall after the company's initial refusal to heed warnings of the surgeons who use the product in their surgeries. Dr. Lawrence Dorr, one of the country's premier hip surgeons, expressed concerns regarding Zimmer's Durom Cup hip replacement's propensity to fail prematurely. Before finally issuing a recall after Dr. Dorr presented his findings to the American Academy of Orthopaedic Surgeons in early 2008, the company publicly implied that it was Dr. Dorr's technique causing the device's widely reported failure.
The alleged issue with the Zimmer NexGen CR-Flex knee replacement system is rooted in the way it fastens to the thigh bone of the patient. When Zimmer first brought the CR-Flex system to market in 2003, it boasted the quality of attaching itself to the thigh through natural bone ingrowth rather than through cement or other methods. This was to allow patients to regain much of the full range of motion they had prior to knee replacement surgery. Unfortunately, there is more evidence building up that the design is flawed and resulting in premature loosening from the knee, which causes the patient severe pain.
Even though there has not been a Zimmer recall on the NexGen CR-Flex device, if you have experienced pain, loosening, or have required revision surgery on your implant, you may be entitled to file a Zimmer lawsuit. The Rottenstein Law Group has the resources and the know-how to help you file a claim against the industry giant.
