Can I Sue if My Knee Replacement Gets Infected?

The attorneys at D. Miller & Associates, PLLC™ can file a lawsuit to seek financial recovery on your behalf if your knee replacement led to a preventable infection. A defective medical device, dangerous implant, or medical malpractice can increase the risk of infections after surgery, and you may stand to recover your losses from a liable party.

There are lawsuits pending against a number of knee replacement systems, as well as other devices used during these procedures that might increase infection risk. If your surgeon used one of these defective devices, we can help you pursue a recovery for your related medical bills, lost wages, pain and suffering, and more.

What are the Risks of Infection After Knee Replacement Surgery?

According to data from Consumer Reports, about 14,000 people suffer infections following a knee replacement procedure each year. While this makes them rare, an infection can be difficult to treat.

In some cases, doctors may need to reopen the incision or even remove the infected implant in a two-step operation that requires months of downtime for the patient. This means you may suffer more pain and have less mobility than you did before your initial knee replacement procedure.

Additionally, patients who require revision surgery have a higher risk of infection than those who undergo only one procedure. This means that if you received a defective implant that loosened and required revision surgery, you are at an increased risk of developing an infection.

Lawsuits Surrounding the Bair Hugger Device

The Bair Hugger device from 3M is commonly used to help patients regulate their body temperature during knee replacement procedures. A 2013 study published in the Bone & Joint Journal found airborne contaminants increased by as much as 1,000 times with one of these systems over more traditional warming techniques. Since then, forced-air warming blankets came under intense scrutiny.

There are currently several thousand lawsuits against 3M, consolidated into multidistrict litigation (MDL) in Kansas City. These lawsuits allege the design defect leads to an increased risk of infection.

How Forced-Air Warming Blankets Work

The design of these forced-air warming systems disturbs bacteria and contaminants on the floor and other areas of the operating room by blowing the warmed air under the table.

This contaminated air then rises, and the device sucks it in, heats it, and uses it to warm the patient. This forces bacteria directly onto open surgical sites and recently closed wounds.

How You Can Take Legal Action Against a Liable Party

You may be able to join a class action lawsuit or file an individual lawsuit against a liable party. We can investigate your case, calculate your losses, and handle all the paperwork associated with filing a suit. We can represent you and argue your case before a judge or jury to seek a court-awarded offer.

You Have a Limited Time to File a Lawsuit

Under Texas law, you generally have two years from the date of the occurrence of medical malpractice to file a lawsuit. Similarly, Texas law allows two years to file a product liability lawsuit.

We can help you meet these deadlines if you call us in time. The sooner you start your case, the better you can protect your rights. Keep in mind that we may begin seeking financial recovery through an insurance claim, and negotiations can take time.

How Can I Learn More About My legal Options?

If you are unsure whether your infection occurred due to a defective product or medical malpractice, we can offer you a free case evaluation. After we discuss your injuries, we can determine your legal options and see how much your potential case may be worth.

If you suffered a severe infection following a knee replacement procedure, the attorneys at D. Miller & Associates, PLLC™ can help. We will review your case and determine if the infection occurred naturally or if medical malpractice, a poorly designed warming device, or a dangerous implant might be at fault. You can reach a member of our legal team today at (713) 850-8600 for your complimentary case evaluation.