BBC investigation reveals NexGen knee implant’s high failure rate for years before manufacturer Zimmer Biomet withdrew it from the market in 2022.
The faulty device has left thousands of patients in the UK suffering from debilitating pain and needing corrective surgery.
A Problematic Component and Patient Suffering
The issues stem from a modified, more affordable version of the NexGen knee implant that was introduced in 2012 and used in over 10,000 NHS patients.
Unlike earlier, successful models, this version lacked a crucial plastic layer, which caused the implant’s tibial component to slip out of place. This slipping led to severe pain, bone erosion, and mobility loss.
Patients like Debbie Booker and Diana shared their harrowing experiences.
Booker, who received the implant in 2016, described “excruciating pain” that led to her becoming dependent on prescription painkillers like fentanyl and morphine.
The failed implant also caused lasting complications, putting her whole body “out of alignment” and requiring her to use a cane.
Unheeded Warnings and Slow Response
According to the investigation, the National Joint Registry (NJR), which tracks implant surgeries in the UK, first flagged issues with the implant in 2014.
Additionally, an Irish surgeon, Professor Eric Masterson, raised the alarm as early as 2016 after his corrective surgery rates skyrocketed.
When he brought his concerns to Zimmer Biomet, the company allegedly downplayed the issue, assuring him the problem was not widespread.
Internal company documents obtained by the BBC’s “File on 4” program suggest that Zimmer Biomet limited communication to only surgeons who were “friends of Zimmer Biomet” and “happy with their NexGen patients,” rather than widely investigating the failures.
Mounting Costs and Unanswered Questions
In 2022, the NJR concluded that patients with the NexGen implant were twice as likely to need a second surgery.
This led to Zimmer Biomet finally recalling all unused implants from the UK. Peer-reviewed studies have estimated the failure rate for the specific tibial component to be as high as 19%.
The cost to the NHS for each corrective surgery is estimated to be between £10,000 and £30,000, with the total cost for the thousands of affected patients reaching into the millions.
When asked if it would contribute to these costs, Zimmer Biomet did not respond. A confidential company email instructed sales staff to state that the company “will not cover diagnostic, follow-up, or revision costs up front.”
Zimmer Biomet maintains that patient safety is its “top priority” and that all its products are approved by relevant regulations.
However, the investigation’s findings suggest that the company knew about the faulty implant for years, leaving a trail of patient suffering and a massive financial burden on the NHS.
Frequently asked questions:
What could be deemed negligent in surgical operations?
Your surgery and care should meet certain clinical standards; however, any surgical operation represents an element of risk. Even the most routine procedures involve a patient entrusting their life to a team of doctors.
When a surgical procedure goes wrong due to an avoidable surgical error, the effects can have a life-altering impact, both physically and psychologically, on the patient.
Surgical negligence happens when surgeons or other medical professionals make mistakes during your operation, leaving you with avoidable problems or injuries. This can include:
- Performing the wrong operation/operating on the wrong body part
- Leaving foreign objects in the body
- Failing to inform you about the possible risks of surgery or to check your suitability for surgery.
- Injecting too much or too little anaesthesia
- Causing avoidable nerve damage or injury to your organs.
- Negligent surgical treatment can severely affect a patient’s life, recovery period, and in more serious cases, result in death.
If you have received negligent surgical treatment which has left you in a debilitating condition or unnecessary pain and suffering, you may be eligible to make a clinical negligence claim.
Who can bring about a claim?
The victim of the negligence can bring about a claim in their own right. However, it is often sadly the case that the victim is either unable to bring about a claim or has sadly passed.
In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the victim is still with us or by the executor of the estate of a surviving dependant if the victim has passed.
Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected, do not hesitate to contact us.
How long do I have to claim?
Claims of this nature are subject to a three-year limitation period. This means that claims have to be commenced within the Courts in three years of the date the negligent act occurred or the date you became aware that negligence had occurred.
In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.
The law surrounding limitation periods is complex; our specialist team will be able to advise further.
How much is my claim worth?
It is often difficult to value clinical negligence claims at their outset, given the complexities involved; however, we will pursue two forms of compensation for you:
- General damages – an award of money for the pain and suffering you have endured as a result of the negligence.
- Special damages – an award of money for all of your out-of-pocket expenses, such as travel expenses, medication costs, loss of earnings, and treatment costs, both past and future. This list is not exhaustive and is very case-specific
Further reading:
The knee implant used by the NHS has been known for years to be faulty.
Oakwood Solicitors: Negligent Surgical Operations and Medical Care.
Oakwood Scotland Solicitors: Clinical negligence.
WHAT TO DO NEXT
If you believe you have suffered as a result of the faulty NexGen implants, our dedicated team of solicitors and paralegals is here to help. We aim to make the claims process as transparent as possible, avoiding complex legal jargon.
Get in touch today for a no-obligation consultation. Choose one of the methods on this page, or call us on 0141 406 3324 to find out how we can help you with your enquiry.
