You hear about a medical device recall, like a knee replacement recall, on the news, and you wonder if the one you have in your body is defective. Particularly when you hear about gruesome side effects, it can be quite alarming to hear that something that was surgically implanted inside of you has such severe problems that it got recalled.
A California personal injury attorney can answer your questions, like how to find out if your knee replacement got recalled. We can also help you take legal action and seek money damages if a defective knee replacement device caused you harm.
Check the FDA Recall Website
The Food and Drug Administration (FDA) maintains a website where consumers can check to see if a product like a medical device has gotten recalled. Actually, you can check with the FDA for any consumer product with a recall, from prescription drugs to peanut butter.
For medical devices, the FDA has a Medical Device Recalls database. You can search under various categories, like the product name, reason for recall, the company recalling the device, or the primary reason the item is getting recalled.
By typing “knee replacement” into the product name search, we got 168 results. The results provide a product description, which is the proper name and model number of the item. The database also provides the recall class, which lets you know how urgent the recall is. You will also learn the date on which the FDA posted the recall. Finally, you can find the name of the company recalling the product. The recalling firm is usually the manufacturer, distributor, or marketer of the item.
For example, on April 8, 2022, the FTA posted a notice that Conformis, Inc., issued a Class 2 recall of its “iTotal Identity Posterior Stabilised (PS) Knee Replacement System Model Number: TPS-301-1113-020101.” The reason for the recall was that the manufacturer packaged the wrong tibial base plate in the kit. The FDA determined that the recall cause was a nonconforming material or component.
You can check on the FDA database to see if the type of knee replacement you have has ever had a recall.
Money Damages for Recalled Knee Replacement Devices
Having a recalled medical device in your body does not guarantee that you will have legal grounds to go after compensation from the manufacturer. You will need to show that the device hurt you in some way. For example, some medical devices get recalled because they move around in the body or parts of them come loose or break off, damaging tissue.
In those situations, you could have a claim for your pain and suffering, damage to your body caused by the defective item, your medical bills to have the dangerous device removed, and lost wages for the time that you were off work recuperating. The specific details of your situation will govern what types of money damages you might be able to pursue. Lawsuits against manufacturers, distributors, or marketers of medical devices are sophisticated and expensive. You will want to work with a California personal injury attorney on your claim. Get in touch with our office today for a free consultation.