Zimmer NexGen Knee Replacement Claims

Zimmer NexGen is a brand of total knee replacement system made by Zimmer Biomet. A total knee replacement usually involves several components, including parts fixed to the thigh bone and shin bone, and an insert that helps the joint move.

Reports and safety notices have described issues that may lead to pain, reduced function, loosening, and, in some cases, the need for revision surgery. Zimmer Biomet has issued recall communications for certain NexGen tibial components, and a report by the BBC investigated the concerning failure rate of a particular component.

Not necessarily. A recall or safety notice usually means that a manufacturer has identified a potential issue with specific products or product combinations, and it is taking steps to reduce risk. Many people with the same brand of implant may never experience a problem. The key question is how your particular implant has performed, what symptoms you have, and what your treating clinician finds on examination and imaging.

You should seek medical advice if you have persistent or worsening pain, swelling, instability, reduced range of motion, difficulty weight bearing, unusual clicking or grinding, signs of infection, or a sudden change in function. These symptoms can have several causes, so it is important to get a clinical assessment.

Hospitals usually keep records of the implant used, including stickers with the product name, batch, lot, or serial numbers. You can ask the hospital or your surgeon for your operative notes and implant details. These records can be important if you later need to confirm whether you have a component mentioned in a safety notice.

Under the Liability for Defective Products Act 1991, a product is defective if it fails to provide the safety a person is entitled to expect, taking all the circumstances into account, including the product’s presentation, how it could reasonably be expected to be used, and the time it was put into circulation.

In general, you must be able to show that you suffered damage, that the product was defective, and that the defect caused the damage. Evidence often includes medical records, imaging, expert opinions, and documentation identifying the implant.

Time limits are strict, and they depend on the type of claim.

• For claims under the Liability for Defective Products Act 1991, court proceedings usually must be started within three years. This three-year period generally runs from when the claim arose, or from when you first knew, or should reasonably have known, that you had been injured, that the product may have been defective, and who produced it. There is also a ten-year long stop, which usually runs from when the product was first put into circulation, and it can prevent a claim even if the three-year period has not passed.
• For many negligence-based injury claims, the limit is two years from the date the cause of action accrued, or the date of knowledge if later.

You should seek medical advice promptly, request your implant details and relevant records, keep a diary of symptoms and appointments, and retain receipts for expenses linked to the problem. You can also report a suspected medical device safety issue to the HPRA.

It is possible to bring a compensation claim for a birth injury when your child has suffered an injury during the antenatal care phase, during the intrapartum period or process of delivery, or at any point in the postnatal period – as long as there is evidence of negligence by medical staff.