Faulty Knee Replacement Lawsuit
Summary
You may have a potential case for legal malpractice against the lawyers who handled your faulty knee replacement case. Consult a malpractice attorney in Washington State for a comprehensive analysis. Legal malpractice attorneys often work on a contingency basis, meaning they only get paid if you win the case. Discuss payment arrangements upfront to understand your options.Full Conversation
name is **** I live in Washington state I've had two total knee joint replacements my first one was on the left,knee approximately 20 years ago never had a problem with it.the 2nd on the right knee done in * I knew right away that there was something wrong with it and I thought I just had to live with it because I was told when I had the first one done that they can only do it one time and it lasts for like 20 year which my first one has until one morning making my husband's lunch there was a commercial on the TV that was talking about that if you had a total knee joint replacement and it was failing way before it was time to contact them because they could help get it fixed so I called them . It was a law firm and she asked me when I had it done and what was going on with it and I explained the situation and how bad it was how much pain I was in then she wanted to know if I knew the name of it which I did and I told her and she said that's the one they're having the most problems with and wanted to know if I had had a revision yet and I explained to her that I didn't think that I could have one because of what I was told was my first one and she said yes they are able to do revisions on them that I needed to get a hold of a surgeon and have him check it out and see if I was a candidate for a revision and then to get back with them so I tried for quite a long time seen quite a few doctors to try to get my knee fixed to no avail they all just wanted me to go back to More physical therapy which I had already done all the state would pay for and that would do me any good or they just wanted to give me shots in it which wouldn't have done any good so about to give up I called them back to see if they knew any doctors or surgeons that were willing to do the revisions because I could not find one to help me so they gave me a name of a surgeon unfortunately * miles away from my home that I could contact to see if they could help me so I did and right away they knew that it was bad and it needed to be fixed and he was willing to do it so I called the lawyers back and they said great okay we need you to make sure that when it gets out it gets put in storage so that way we can have it for court and also for me to sign the papers for the surgeon to release his findings to the lawyers so all that happened and the lawyers called me and told me unfortunately that he did not want to take my case because he was only taking on the clients that had this one particular spring thing that was wrong in the knee and mine was something different and it's not that they didn't think that I had a case it's just that it wasn't the ones that he was trying that I should contact another attorney as soon as possible because of the time limits on it I googled lawyers that were handling faulty knee implant failure cases from this particular manufacturer I researched quite a few firms and settled on this one from St Louis Missouri I told them that I had had a knee implant from that manufacturer that was faulty that I'd had a revision on it actually had to have two on it because the first one broke two weeks after I had it on there so I had to have it done again and they said great that their firm actually going to be handling a mass tort against the manufacturer and that yes they would help me get the compensation that I deserved and to thank me for being part of it and making these manufacturers be accountable for knowingly putting bad products in people's bodies and told me that I needed to please be patient because these things do take a long time to put together so I waited and waited after about a year i emailed them back asking them what was going on and was told we sent your file over to the defendants which was one of the very few that we sent for review and as soon as they get back to us we'll let you know so again I waited ,few months later I hadn't heard nothing emailed them back ask them what was going on nothing new soon as we know something we'll get a hold of you wait it ao email them back what's going on as soon as we know anything new we'll let you know so I waited again even asking well you know it's been x amount of months you should have heard something back by now you know I mean I emailed these people I don't know how many times at least * times asking and getting the same answer every time finally after approximately 3 years I get a message on my phone to please call them back because they have some news on my case when I called her back she tells me that she's sorry I was disqualified by the defendants because they had three very strict criterias and I only had two the third one that disqualified me was because that my surgeon had to use this specially named tool to remove the remainder of the device from my legs so he could replace it I was devastated speechless said okay and hung up just a quick note this was 4 months before my husband passed away after being sick for 2 years so it took me almost * weeks to call her back because I was dealing with my husband and of course that I couldn't wrap my head around her saying that the defendants disqualified me now I don't know everything about the court system but I do know a little bit and I couldn't figure out how can a defendant disqualify somebody from suing them that's not how it works the only explanation that I can come up with is because the defendants seen that my statue of limitations had ran out them nony paperwork with anybody they didn't have to pay me nothing and instead of being my lawyers like they said they were going to be and fight for me and defend me they just said oh okay no problem she's out so they can win their Mass court case with all their other clients that's the only thing that makes sense so about * weeks after that I get a letter from them that's not what it says on the letter it says on the letter that as we discussed on the phone we don't think that it was the manufacturers problem with your knee implant so we're not your lawyers no more goodbye have a good day so from what I've researched I would say please correct me if I'm wrong we have a breach of contract we have abandonment they lied to me they ran my statute of limitations out never filing any kind of paperwork with any court when I asked for all the records that they got on me thinking maybe I could do something with them was told that well really the only papers we have with your name on them are the ones with all the clients on that we sent to the defendants for review is just your name with your medical records like everybody else's and that they paid for them so they were theres and if I was willing to pay for them that maybe they would send them to me so again I waited never heard nothing back one Sunday morning I was thinking about it and I emailed the head guy of the firm and asked him why I couldn't have my paperwork back what do you need it for if they were going to be my lawyers anymore and I actually got it immediate response to that which was team give **** what she wants which as you can guess never heard nothing from him again email them one more time asking him well hey you know you said send to me I've never heard nothing what's going on never heard nothing again okay so I know I'm screwed on my statue of limitations of some screwed on that and I know that so I start thinking about it and found out that actually Johnson & Johnson bought the manufacturers as a sub business or whatever and we're the owners now well that Sunday morning that I emailed the president of that law firm t I came across a page from Johnson & Johnson basically saying you're a great company but if you have any problems or issues or concerns please fill out this form on this page and email it to us we'll hear you so I did tell them all about my knee and the problems I had with it and the surgeries I had to go through basically the whole story leaving out the lawyers of course and actually got a response from them saying that it wasn't their department but they were going to forward it to the person that could help me turns out it was Johnson & Johnson's head lawyer and of course they didn't believe it was a manufacturer's problem and they didn't have a criteria for any lawsuit sorry have a good day okay so here's where I'm at, before I had the second total knee joint replacement I was disabled but not totally disabled was still able to do a little side work here and there to supplement my disability income after walking for almost 4 years sideways on a faulty knee replacement system I am no longer able to do physical activity I'm always in pain and don't know from day to day whether I'm going to be able to get out of bed so no way to do what I was doing before that to earn money the reason that I decided to sue was because I was going use whatever I got out of the lawsuit to open my own business of a drive-through coffee shop so I wouldn't have to do any physical activity and I could actually afford to go to the grocery store or to put gas in my truck or to get insurance on my truck and now I cannot do any of it so well all these people are sitting around taking their vacations driving a fancy cars living in their fancy houses I sit in a fifth wheel trailer with nothing I have all the emails back and forth everything I told you I have evidence to back it up with it's just going to be hard to get it to you cuz you're in Missouri and I'm in Washington so I don't know how that's going to work or if I even have a case but I want them lawyers to pay and I'm going to pay a lot and I'm willing to split it right down the middle I have nothing right now but if you think that I have a case to win sorry it's so long I've tried to discuss this with other lawyers they never get back to me because I don't think I had enough information in there so here's all the information I'm sure there's more like I said I have all the emails from me and the lawyers me and Johnson and Johnson proving everything that I just said except for the phone call of course anyway have a good day hope to hear from you soon and maybe if you can't help me maybe you know somebody that can or tell me I'm just SOL and I'll drop it I don't know I'm just lost devastated broke tired in pain thank you for your timeso to wrap it up .. breach of contract ,failed duty of care , abandonedment,failed to file any papers so my sol is up do you thinking have a case or just SOL again ..my contact number is * or email ..lrmcra@gmail.com thank you ...**** ****
Hello ****, I'm really sorry to hear about your situation. It seems like you've been through a lot. Based on what you've shared, it appears you might have a potential case for legal malpractice against the lawyers who handled your case. However, this is a complex issue and I would recommend consulting with a malpractice attorney in Washington State for a comprehensive analysis. They can guide you based on local laws and practice.
But that happened in Missouri the lawyers in Missouri and I live in Washington
Even though the lawyers are in Missouri, you can seek legal assistance in Washington where you reside. They can guide you on how to proceed with a potential legal malpractice case involving out-of-state attorneys.
Yeah but they don't want money I don't have any obviously
It seems you're worried about attorney fees. In many cases, legal malpractice attorneys take cases on a contingency basis, meaning they only get paid if you win the case. However, this can vary, so it's important to discuss payment arrangements upfront.
Okay thank you
You're welcome, ****. I wish you the best of luck with your case. If you have any more questions or need further guidance, feel free to ask.