How much can I get for knee replacement failure?

Question

How much is typically paid per person in medical device failure cases, e.g. knee replacement surgeries?

Ronald A. Steinberg · Answer

Whatever a jury says.

Michael Yeksavich · Answer

There is no typical, as many variables enter into determining damages.

Andrew Velonis · Answer

Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards.

James Osak · Answer

Whatever you can get. There is no set standard. Depends on your case and your damages.

Thomas Bulman · Answer

$28K plus medical expenses.

Paul Whitfield · Answer

Doctors cant guarantee results. You must show that the failure occurred either because the product used was defective or that the doctor was guilty of malpractice. Do you have medical opinions to cover those areas? You must before you start making claims. If the product is OK and the surgery is done properly, the knee might still fail for any number of reasons/ no surgery is failure proof.

Michael Heilmann · Answer

It depends on the cost of the surgery and your lost wages.

Bernard Huff · Answer

You should at least consult with a lawyer who handles medical malpractice cases,  including knee replacements.

Mark Smith · Answer

The question is too general. Was the replacement failure a deviation from  the standard of care or merely a bad result? The answer to the question makes a big difference.

Steven Urban · Answer

It varies based upon the facts of each particular case, but the settlements I have seen were substantial.

Stephen Lombardi · Answer

I've never heard of a single such case. More than 15 years ago, I  represented a man with a failed IO rod, but never a knee. It would  be tough to know the answer because there isn't enough information about future medical expense.

Jeffrey Lapin · Answer

First, in Nebraska, a person cannot collect punitive damages, which is money paid to "punish" the person or company that did something wrong. Other states do permit a person to collect punitive damages. Second, there is no magic formula to determine what a case is worth. Each case is different and dependent on its owns facts and evidence. A person is entitled to be "made whole" or "compensated" for his or her injuries and damages. There are a number of factors that help determine what a case is worth, which include, but are not limited to: the nature and extent of the injury; medical expenses; whether an injury is temporary or permanent; lost wages; and pain and suffering. If an injury is permanent or will affect a person in the future, the person should receive additional money.  I cannot answer your specific question, "How much can I get for knee replacement failure?" without a lot more information. You may want to consult with an attorney.

Jerrie Weiss · Answer

There is no average. Most of these medical device cases are handled on a mass tort basis with one lawyer handling many cases. It is so difficult to prove that the manufacturer was aware of the defect, had notice of the defect. This is definitely a case you should consult an attorney about because the value of the case is on a case by case basis.

Mark Leonardo · Answer

There is no set formula and you probably have an uphill battle. I say this because your undoubtedly signed a consent form that detailed the myriad of potential complications that could have occurred. I suggest you show a medical malpractice attorney what you signed, any written documentation or warranty given to you on he knee product, and see if you even have a case.

Gregory Casale · Answer

There is no set fee. There are many variables such as your age, your earning capacity, how much you lost from work, if any, as the direct result of the botched surgery or the defective devise, the medical bills, the amount of insurance that the doctor and or hospital, or in your case, the device manufacturer carries, etc. etc. There are many more variables as well.

Steven Fairlie · Answer

Unfortunately, there is no typical award for knee replacement failure, but if you can tell me the type of device, I may be able to research whether there have been other successful suits and whether there are any public outcomes.

Irving Blank · Answer

There is no "typical" payment for medical device failure. These are very difficult and expensive cases and you need an experienced lawyer.

David Stoddard · Answer

There is no usual amount.  Each claimant must present his/her own individualized damages.  Factors would include lost wages, if you have any, your degree of pain, loss of enjoyment of life, how long you will suffer in the future, etc.

Stuart Nachbar · Answer

Every jurisdiction is different and you should talk to counsel.  In NJ,   50,000 approx depending on severity, pain, permanent damage.

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