More than 50 individuals are pursuing legal action against Zimmer Biomet over its recalled NexGen knee implant, alleging the devices failed prematurely, causing significant pain and necessitating additional surgeries. Medical negligence lawyers at Irwin Mitchell report that 24 of these cases have already been filed in the High Court.
The lawsuits involve components of the NexGen Complete Knee Solution, which faced recall after data suggested failure rates up to five times higher than other knee replacement systems. Some patients have reportedly become immobile and reliant on painkillers due to the implant failures.
The NHS initiated a review into the matter last year after it was revealed that over 10,000 patients had received potentially faulty implants. The Zimmer Biomet product was recalled in December 2022, eight years after initial concerns about its reliability were raised.
Hundreds of patients required revision surgery, with each procedure costing the NHS between £10,000 and £30,000, due to the implant slipping out of place. Experts anticipate that the total cost to the healthcare system will reach millions as further issues emerge.
Irwin Mitchell is representing a substantial number of affected individuals and has been appointed by the High Court to lead the litigation. The firm is collaborating with other law firms to advance the claims.
Tim Annett, a medical negligence lawyer at Irwin Mitchell, stated that many clients have undergone major surgery following the premature failure of their knee replacements. He noted the profound impact these issues have had on patients' daily lives and independence, emphasizing the need to address questions about increased failure risks and the performance data known about the implants.
Legal action centers on the tibial component of the NexGen knee replacement. The National Joint Registry alerted the manufacturer in 2015 to higher-than-expected failure rates in certain implant combinations. Despite subsequent observations pointing to early failures in some patients, the implants remained in use until the December 2022 recall.
Following the recall, guidance recommended monitoring patients with the affected implants. Patients contend that the device's parts move against each other, potentially causing damage and loosening the joint. The High Court has set a deadline of November 13 for affected patients to join the group litigation, though Irwin Mitchell urges those who believe they are affected to come forward sooner for case assessment. A High Court hearing to outline the next phase of the litigation is scheduled for next spring.
One affected patient, Lydia Osborne, 80, described experiencing persistent pain and mobility issues with both of her NexGen knee replacements, which required revision surgery. She recounted the constant worry of her knee giving way and the challenges in performing daily activities, which threatened her independence.
Zimmer Biomet has previously stated that while the "vast majority of patients had positive outcomes," the company "acted swiftly and responsibly by removing the tibial component from the market" after concerns arose.