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Knee Implant Lawsuit Over Mako Restoris MCK System Removed to Federal Court

  • Written by: Irvin Jackson
  • 8 Comments

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A product liability lawsuit recently filed against Stryker and Mako Surgical Group in Georgia state court, over problems with a Restoris Multi-Compartmental Knee (MCK) implant, has been removed to the federal court system.

The complaint (PDF) was filed last month by Hazel Perry in the Superior Court of Gwinnett County, alleging that the Mako Restoris MCK system was defective and failed less than a year after it was implanted, resulting in the need for hospitalization and revision surgery.

The manufacturers removed the case to the U.S. District Court for the Northern District of Georgia last week, due to diversity of citizenship between the parties, as Stryker is based in Michigan, Mako, is based in Delaware and Florida and Perry resides in Georgia. Mako is a subsidiary of Stryker.

The Mako Restoris MCK implant was used during a right knee total replacement surgery in October 2015. By May 2016, the lawsuit indicates that the knee implant was loosening and she required revision surgery in June 2016, at which time a surgical pathology report identified the defective knee implant as the cause of the failure.

“As a direct and proximate result of the defective Restoris MCK, Plaintiff has suffer catastrophic injuries and damages, including medical expenses, mental and physical pain and suffering, and loss of consortium,” Perry’s lawsuit states. “In the future, Plaintiff will require therapeutic medical care and other necessary expenses.”

The Mako Restoris Multicompartmental Knee (MCK) is an implant system designed for use as part of robotic-assisted surgery, which is manufactured by Stryker Corp. The Mako robotic arm is used in the procedures to help the surgeon follow a planned path for removing bone and cartilage.

The case comes as a growing number of knee replacement lawsuits have been filed in recent months against the manufacturers of different devices, which plaintiffs allege failed due to design defects.

In addition to this case against Stryker over the Mako knee implant, product liability lawsuits have been filed in recent months over problems with the DePuy Attune Knee,Exactech Optetrak Knee, and Arthrex iBalance Knee.

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8 comments

  1. Leila Reply

    I underwent partial knee replacement in both knees on Dec 19, 2016 (a little more than 2 years ago) and expected to be back to normal before now. However, I am still experiencing daily pain which is not limited to just my knees, but goes up into my hips and back. It’s torture to get up from a chair. My knees are often so sore I cannot cross one leg over the other to put on my socks.

    The replacement parts were MAKO RESTORIS MCK Patellofemoral Component and Patella Component –both left and right knees.

  2. Betty Reply

    I also had a partial knee replacement that became loose within 2 years and has since required revision surgery and total knee replacement. My original implant was Restoris MCK. I would love to know if anyone has similar stories.

  3. Theresa Reply

    I had bilateral knew replacements in both knees on July 1, 2016. I returned to the doctor every single month with complaints of knee pain in both knees. The PA Arlene Cavanaugh repeatedly instructed me to up my physical therapy by doing more and increasing level of difficulty. On another visit she told me “Sometimes it takes more time”. On another visit she told me “some people just get to a certain point of recovery.” She did not refer me back to the surgeon R. Tabbador. Nor do I believe she consulted with him about my case. I eventually had to I sista on seeing him. With my daily life being severely impacted I insisted that he request an MRI. He did so reluctantly telling me that it wouldn’t show anything. The test revealed that the left knee had failed and I needed a full replacement left knee. Given the sub par care of this doctor I sought a different doctor for consultation with the results of that MRI. That left knee was replaced in August 2017. Still continuing with pain in the right knee I was incapacitated in my daily life and eventually unable to continue with my job, forcing retirement. Though the right pain has somewhat subsided with the help of medication, I am told after a scan that the knee has come loose due to failure of the glue and I will be required to totally replace this right knee. I would like to know if I have any claim to this recall.

  4. Susie Reply

    I had a Mako Robotic knee replacement (Styker)in June 2019 and after 6 weeks in therapy in the first week of August my femur bone broke completely in half due to the drilling of 2 holes in my femur bone during knee replacement. I then had a rod and screws inserted in my femur along with many screws and have been in a nursing home ever since not allowed to put any weight on my leg so I am in a wheelchair. I have been in a nursing home ever since and it is now Sept 17 and I won’t see the doctor until Oct 4.

  5. paula Reply

    My husband had a meniscus tear in December 2015 had surgery in may of 2016 a year of therapy and things were not getting better, then in march 2017 we were told that he had to have a mako partial knee replacement, so he did, and another year of therapy, things were only getting worse with that knee. The dr. told us it would take time and the hurting was arthritis. So we went to another dr. he did x-rays and found out the hardware from the partial knee replacement was not bonded to the knee so the year of therapy was only making things worse, So then in oct. 2018 the new dr. did the revision and full knee replacement surgery then went through 8 more months of therapy then was released from dr. with permanent restrictions. This is the end of sept. 2019 and he still hurt everyday can’t walk far, can’t stand but maybe a few minutes, struggle to put pants, socks and shoes on everyday, can’t bend that leg, can’t kneel or climb. Every bit of the restrictions are required for his job, so now he can’t work.

  6. Joan Reply

    June 10,2018 had a compartmental partial knee replacement with Myko Stryker robot. The day of discharged June 11,2018 I moved leg/knee and excruciating pain. I advised my Orthopedic surgeon and his PA for next year! Sent me back to physical therapy, told me just takes time. Surgeon suggested next step maybe cortisone injection. Additionally my surgeon did not see me during office follow ups even upon request the PA did exams. Very unheard! I decided to have 2nd opinion . Had bone scan surgeon found said partial was loose. October 1st had revision. And compartmentalixed replacement removed and a full replacement completed. Full knee replacement was warranted due to year of loose partial damage. I have been in extreme pain, debilitating emotionally daily life .Unable to work
    I have operative reports. Do I have claim against Mako Stryker or surgeon? Accurred physical therapy bills, office bulls, now another surgery not to mention pain and suffering to me and my family.

  7. dawn Reply

    I had a mako partial knee March 23 2019. It was really traumatic, compared to what many people have been through with knee replacements in generalI know. My swelling , nerve pain & recovery was very long & extensive. In august I went back to see my surgeon because the same area that hurt the meniscus area had been hurting for awhile. He took X-rays & said it look fine. He transferred to the Mayo Clinic in Florida shortly after that. I liked him I don’t necessarily think he did anything wrong. I did take a fall. I fell and bent my knee. HE assured me I would be nothing that would cause any issues. I was too far along in the healing process. The pain continued never got better. so In January I went back & saw the main partner in the group. He took X-rays. he came in the room and told me the cement had come loose from my bone & the replacement piece. I would have to have a revision. He said when you put the august & January X-rays side by side you could see the start of the separation in august . But you needed the January X-ray to see the definite separation. He said in August you could interpret the X-ray as a bad shot or shadowing. Im not sure if he was being truthful and covering for the other surgeon or it really wasn’t noticeable until the January xray, which I looked at & you could defiantly see the difference & separation . He was very open & honest. You could tell he felt bad. He Said I was welcome to get a second opinion. But the only thing was to get a revision & a total knee now. I started crying. The first knee was literally the most physically & emotionally draining experience of my life. I cost me 6 months away from my business, pain & suffering emotionally & physically. Im a very strong independent person. I was depressed . So if you go back to the August date xray of the first sign of failure I didn’t even get 6 months before failure.

    I did have the main partner do my revision. He is the best in the city. He did not use a Stryker product. My swelling was much less, I am 5 weeks post surgery and my pain is so much well managed I don’t take opioids anymore. My bend is so far ahead of where I was the fist time. My spirits are better. However this is year two . so this’ll consume a total of 2 years of my life. ITs a full year of healing to get to 100%. I bought a horse in September 2019 and was so looking forward to start riding again. But since my knee was in such pain I wasn’t comfortable getting on. Then come the first week of January 2020, I found out it failed & was told to not get on him for sure. SO he still sits, and will have to sit for prob a few more months . I have had to pay twice for someone to do horse chores for me for 3 months because I can’t do them. My kids are grown & my husband is not a horse person and I have some he could not handle, it would be dangerous. Hospital fees twice , PT fees twice, everything paid twice. This has been a nightmare. I was told there was no sense in pursing a lawsuit. no way to prove who’s fault. Then I saw some people who had the same issues and had. I have no idea their outcome. But I thought worth sharing my story.

  8. Simon Reply

    Hello, I am 53, I’ve been disabled since I was 42 because of severe osteoarthritis of both knees. I waited and suffered for almost 10 years to get surgery because doctors said I was way too young to have bilateral knee replacements. Finally I could not take it anymore and had the bilateral knee replacements done (Mako Robotic)1/15/2020 then Covid -19 hits. The hospital wanted me out just days after surgery and I only had 9 sessions of therapy at home. Never had any physical therapy after that. My insurance would not pay for it. The pain was crazy, I was home alone trying to take meds, go to the bathroom, getting up on my bed and even eating was a nightmare. I did go back to see the doctor , only saw his PA. The pain was better at first than before the surgery. I could walk which was awesome but then my right knee started clicking and making noise. It felt like my actual bone was cracked on the right side. The doctor said lets give it some time so I did. I can’t get up from a chair, walk up stairs or down. Can’t sleep cause my right knee replacement feels like it is loose and moves around which is very painful. I have not been able to go see the doctor because of this lock down(bad timing wow). I then get a letter from social security wanting to reevaluate my condition and wanted to know if I have seen a doctor since 2018. I called the doctor and had to convince the secretary that I needed an appointment within a couple days because I had to return this letter to SSDI within 30 days (So Stressed) It is June 17th. I go for my appointment on the 22nd and then have 20 days to mail the letter to SSDI of they will stop sending me my benefits for disability. My right knee is so painful. I hope the doctor will listen to me. If the doctor fills out the report for SSDI that I’m fine I will loose my SSDI and my retirement which will financially kill me, I will loose everything. It’s not right. I can compare one knee to the other so I know something is definitely wrong. I can see a long crack in the picture I took of the x-ray. My right knee is not right… Make sure you discuss the aftermath of the surgery, SSDI, worse case scenario and what’s the plan if things do not go right… Jesus ! I believe I need a revision surgery for my right knee but I know the doctor is going to say “Lets wait until a whole year then look at it again” I will have over 2 years with this knee problem and I hope the revision will be done sooner so the pain will stop… HELP!

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