Knee replacement surgery is one of the most common bone surgeries in the United States, as doctors perform more than 600,000 of these operations a year.

A new knee can greatly enhance the quality of life for those who may need one. They may be in a situation where they are living in constant pain, despite medication and physical therapy. Many cannot perform the simple task of getting up from a chair without feeling pain. After surgery and a rehabilitation period, new knee patients should be able to move around pain-free.

The average lifespan of an artificial knee is around 20 years, but that number has fallen recently, and many knee replacements are failing in as little as two years.

The short answer to the question posed in the title – can you file a lawsuit over a faulty knee replacement – is yes.

Over the years, numerous knee replacement recalls have taken place. Two companies, DePuy Synthes (49 percent) and Zimmer Biomet (36 percent), have accounted for the majority of recalls since 2003.

One popular replacement knee product, the Attune knee replacement system by DePuy Synthes (a subsidiary of Johnson & Johnson), is currently seeing an issue where a recent update to the product has led to the artificial knee detaching from the body earlier than it should due to a failing adhesive the surgeon uses to hold the implant to the tibia bone.

What Does it Feel Like if an Artificial Knee is Failing?

If you are feeling good after successfully completing your rehab post-surgery, these sudden symptoms are a sign that you may have a problem with your knee replacement:

• Unstable walking or standing
• A general increase in pain
• Inflammation
• Swelling
• Bone loss
• Infection
• Lost range of motion in the knee
• Numbness
• Higher temperature/hot feeling around the knee

If you’re experiencing these symptoms, contact the office that performed the surgery. However, X-rays may not detect a possible failure of the artificial knee, so a second surgery is often required in these cases.

A second surgery, especially if a new knee replacement is necessary, can be extremely difficult because the person’s bone tends to grow around the artificial knee that’s been in place. This can lead to bone loss and muscle damage, some of which may be irreversible.

In rare cases, failure of the adhesive has caused a serious condition known as Bone Cement Implantation Syndrome (BCIS). This condition can be triggered by joint failure and can lead to obstructed blood vessels, stroke, or heart attack.

Experts believe that the failure in these products is partially due to a lack of government oversight. The U.S. Food and Drug Administration (FDA) must approve any products introduced by these manufacturers, but critics say the FDA approval process does not go far enough to keep unsafe products off the market. For example, companies can pass the FDA Premarket Notification process by showing that their device is “substantially equivalent” to similar products, but it does not have to pass more stringent tests.

This opens manufacturers up for medical malpractice lawsuits, especially if the artificial knee failure occurs within a few years of the surgery.

If you or a loved one experience pain or complications from a knee replacement gone wrong, you are likely entitled to compensation for any potential subsequent surgeries, along with pain and suffering.

The attorneys at Stewart & Stewart are some of the most experienced in the state of Indiana at handling medical malpractice cases. We would be honored to help you get what you deserve for having to suffer from the negligence of a manufacturer. Please call us at 1-800-33-33-LAW or visit our website today for a no-risk consultation.

Asbestos is a naturally occurring fiber that was used in insulation materials for much of the 20th century. In the 1970s, it was discovered that asbestos is a carcinogen, and its use was generally halted.

However, experts say that it’s safe to assume there is asbestos in all buildings constructed prior to 1980. There are also isolated events (like this steam pipe explosion that occurred last summer in New York City) that bring on potential asbestos exposure.

What makes conditions related to asbestos so serious is that there are no signs of harm until symptoms of a disease start to appear. Because of this, doctors urge that you know the signs of medical conditions related to asbestos exposure. Illnesses that are caught early have a better chance of being treated than ones that are detected later on.

Shortness of Breath

Inhaled asbestos fibers can cause scar tissue to form in the lungs. This can cause shortness of breath and is one of the most common signs of an asbestos-related condition.

Swollen Fingertips

Swollen fingertips (known as clubbing) is present in around 50 percent of asbestos-related illnesses. Clubbing makes the fingertips appear broader and rounder than usual.

Extreme Fatigue

Being more tired than usual is generally not a concern, but increased fatigue combined with a primary symptom such as shortness of breath or clubbing can be an indication that you may have an asbestos-related illness.

Wheezing

Asbestos exposure can cause inflammation in the lungs, which can lead to wheezing. If a non-smoker is wheezing, it could be a sign that they have an asbestos-related illness.

Unproductive Cough That Doesn’t Go Away

A persistent, dry cough can form due to the same scar tissue in the lungs that brings on shortness of breath.

Symptoms in Other Parts of the Body

Most of these issues affect the lungs, which makes sense because that’s where most asbestos-related diseases occur. Besides clubbing of the fingers, there are physical signs to watch for in other parts of the body. This includes abdominal swelling and distention, abdominal or pelvic pain, bowel obstruction, hernia, unexplained weight loss, loss of appetite, hoarseness, and difficulty swallowing.

What Can Doctors Do?

If you suspect that you were exposed to asbestos over a prolonged period of time, there are several tests doctors can order to keep track of your health and note any changes that are cause for concern.

These procedures include any or all of the following: chest X-ray, low-dose CT scan, spirometry, bronchoscopy, bronchoalveolar lavage, and pulmonary function tests.

Overall, around 20 percent of people who have had prolonged exposure to asbestos develop illnesses  such as lung cancer, mesothelioma (a type of cancer that develops in the chest), and asbestosis (a persistent disease caused by the scar tissue that forms in the lungs).

Many state and federal programs offer compensation for those who were exposed to asbestos, especially through the workplace. These include state workers’ compensation programs and the Federal Employees’ Compensation Program. Medicare and Veterans Affairs (VA) services may also cover asbestos-related illnesses.

In addition to these programs, an attorney will be able to determine if anyone else may be culpable due to negligence. The personal injury attorneys at Stewart & Stewart are some of the most experienced in the Indianapolis area at handling asbestos cases. If you or a loved one is dealing with asbestos exposure or an asbestos-related illness, call us at 1-800-33-33-LAW or visit our website to put our experience to work for you.

When we go to work each day, we never expect to end up in the hospital or injured due to work activities. Most companies, especially those that involve heavy machinery, factories or special equipment, will have safety guidelines in place to ensure that all employees are kept safe and out of harms way during working hours. Unfortunately, even with these guidelines, many employees still end up hurt. Here are a few ways to ensure your safety at work.

Always Stay Alert

Even if you are taking a short break or having a friendly chat with a coworker, always be aware of your surroundings and what is happening around you. A faulty piece of equipment or coworker not paying attention can lead to extreme harm. Before you begin each day, take note of the area around you and pay attention to any potential dangers or hazards—this will help you avoid any injury should something happen.

Wear the Right Clothing

Whether you work in an office, a factory or outside at a site, what you wear will always come into play. If you need to dress professional but know that your office has uneven flooring or requires a lot of walking up stairs or to others offices, consider wearing flat shoes. If you work at an outdoor site, wear appropriate clothing based on the weather. While it may seem trivial, having the right outfit can help you avoid day-to-day injuries.

Let Yourself Take Breaks

A tired employee is far more prone to accidents than one that is alert. If you are feeling tired, overworked or simply need to take a breath, let yourself take a short walk, go get a cup of coffee or simply sit in your place and take deep breaths. Working through times of irritability or stress is a surefire way to get injured on the job.

Ensure You Are Properly Trained

Before you begin your job, you should be trained on the proper way to use all machinery and tools. If you feel you do not understand the right way to use them, inform your supervisor before you begin using them. Not being trained properly may hurt your company in the long run, but it will hurt you more as you deal with your injuries.

Report Unsafe Conditions

If you see anything that looks off, notice faulty equipment or witness a coworker toying with machinery, report it to your supervisor. You may not only be saving yourself from injury, but all those around you as well.

If you were injured in a workplace accident, you will need an experienced workers compensation attorney on your side to help you fight for you rights and get you the compensation you deserve. For more information about how the attorneys at Stewart & Stewart can help you, give us a call at 1-800-33-33-LAW or visit our website for more information.

Personal injury encompasses a lot of different things, from workers’ compensation claims to slip and falls and car accidents. Because of the vast number of personal injury lawsuits, many people are unsure exactly how much their specific case is worth and how serious the claim actually is. Overall, the severity of a claim comes down to the damages involved. If you were severely injured or your property was greatly damaged, your case will hold a lot more weight than an accident that left victims with scrapes and bruises. But damages don’t just include injuries. Below, we look at the types of damages that a personal injury lawsuit covers.

Injuries & Medical Treatments

The most common, and often most important, type of damage a personal injury lawsuit will cover is your medical treatment. This includes not only the treatment you received after the accident occurred, but also any future treatments, medications or procedures you will need that relate to the accident.

Loss of Income

When you get injured, you often face injuries that leave you unable to work, either temporarily or permanently. If this happens, you should seek to collect compensation for the loss of income, or loss of earning capacity, that resulted because of the accident. This includes any income you lost while you recovered and any income you will lose in the future due to your injury.

Pain and Suffering

A personal injury accident, whether it was a car accident, a slip and fall or other type of accident, can be traumatizing and lead a victim down a painful path. If this happens to you, you can seek compensation for any pain you are left with after the accident ends. Pain and suffering is often hard to determine, so an experienced personal injury attorney is often needed.

Loss or Damage of Property

Did your car get totaled during the accident? Was your home, property or personal belongings ruined or damaged as a result of the accident? You should be able to collect compensation to either replace or repair these items.

Emotional Suffering

Many people suffer from emotional trauma after an accident. This can range from PTSD and increased anxiety to loss of sleep and fear. If you are suffering from emotional distress following an accident, you deserve to be compensated.

Loss of Life

Similar to emotional suffering, loss of life refers to the fact that after your injury, you lost interest in every day activities and no longer find joy in things you used to love, like taking a drive, going on long walks or spending time with others.

Punitive Damages

Punitive damages come into play when the person who caused the accident was increasingly negligent in their actions. An example of this is a drunk driver. For the victim, punitive damages will come in the form of monetary compensation and often awarded to punish a defendant for their actions.

If you were involved in a personal injury case, you deserve to be compensated for everything you have suffered through. The attorneys at Stewart & Stewart know what it takes to get our clients what they deserve following an accident and are ready to help you too. For more information, give us a call at 1-800-33-33-LAW or visit our website for more information.

When you get into an accident, slip and fall at a restaurant or hurt yourself on another person’s property, you are likely looking at a personal injury claim. Personal injury encompasses many things and a skilled personal injury attorney will walk you through the process and how you can maximize your compensation. But, there are things you should consider doing before filing your claim to ensure you get everything you deserve.

Always Accept Medical Help

Even if you feel you were not badly injured, it is always smart to see a doctor directly after your accident if you plan to file a claim. Many injuries do not show up right away and with adrenaline running high after an accident, most injuries will not be noticeable to you until it is too late. Instead of running the risk of not being able to include all of your injuries in a claim, head to a doctor or hospital so you can have everything on file and ensure that you are properly cared for.

Get Copies of All Reports

Before you leave the hospital or doctor, ask for a copy of your medical records. You may also want to ask the police officer on duty for a copy of his police report so you have everything ready to hand over to your attorney. In addition to these reports, try to get witness statements from others who may have been at the scene and take pictures of the car, person or property involved in the accident. All of these things will help your attorney with your personal injury case.

Call the Police

You may not think you need the police to get involved, but if you were hurt or anything was damaged, you are going to want to have a police report underlining exactly what happened. Different people can have different memories and give different accounts of what occurred, so having an unbiased officer explain to the attorneys and the insurance company what happened will forgo any confusion and avoid back and forth.

Know When an Insurance Company Isn’t Cooperating

Insurance companies work hard to pay out the least amount of money possible. This often results in them delaying your claim, denying it without a just reason or giving you the run-around so you give up and take a lower offer. It’s important to know if this is happening to you so you can get your attorney involved and avoid getting less compensation than you deserve.

Hire a Good Attorney

At the end of the day, a personal injury claim can take a lot out of a person, especially someone who just went through a traumatic experience and is now dealing with the aftermath. Hiring the right attorney will help you avoid all of the legal matters that come with a personal injury case so you can focus on your recovery and getting back to your normal life.

If you were injured in an accident, contact Stewart & Stewart to learn more about how we can help you file a claim and get the compensation you deserve. For more information, give us a call at 1-800-33-33-LAW or visit our website for more information.

Jaywalking occurs when a pedestrian fails to follow traffic laws and illegally crosses a street. All states have their own set of jaywalking laws, but overall, all pedestrians must follow crosswalks, obey the pedestrian walk signals and yield to cars in the absence of either of the two.

Some states take the law a bit further, prohibiting pedestrians from walking diagonally across a street or from walking in a street when there is a nearby sidewalk. If there is construction nearby or police presence with “do not walk” barriers, pedestrians must also legally follow these.

Breaking any of these laws is considered jaywalking.

What is the penalty?

Jaywalking isn’t at the top of any list when it comes to crimes, but there is still a penalty for offenders who fail to follow the rules of the road. Most states will issue a small fine to anyone caught jaywalking and be let go with a simple infraction. Other states consider jaywalking a misdemeanor, which is a bit more serious and can carry a heavier fine.

But, while the initial fine is minimal, the backlash that comes with jaywalking can be quite large. For one, when you jaywalk, you are putting not only yourself in danger, but also those around you, including vehicles. A pedestrian who runs across traffic without a walk signal can cause cars to break suddenly and create an accident. You can also injure yourself by getting hit by a car or bike that did not see you. When this occurs, the accident is likely to be your fault and you will be in for a lot more than just a small fine.

If you, as a pedestrian, fail to follow the rules and in turn, cause an accident you could be held liable for negligence. If an accident occurs because of this negligence, you could be at fault for the entire, or part of, that accident. Suddenly, you will be involved in a lawsuit, court cases and hefty fines.

On the other hand, pedestrians that were not jaywalking and still get injured may have a personal injury case on their hands and will need to work with an attorney to receive the compensation they deserve for their injures or lost wages.

If you were involved in a pedestrian accident, contact the attorneys at Stewart & Stewart. Give us a call at 1-800-33-33-LAW or visit our website for more information.

Work-related injuries affect a vast number of employees every day. The hardest part besides, the physical pain itself, is usually the financial burden that comes with taking time off of work. Injuries at work are much more common than you may think. They can happen to anyone in any position, but certain jobs are still more prone to injury than others. According to the National Safety Council, in 2016, a worker was injured every 7 seconds resulting in 104,000,000 lost production days. Here are three of the most dangerous jobs in Indianapolis.

Loggers

Not only would this be considered the most dangerous job in Indianapolis, but also in the entire country. Common injuries for loggers include overexertion from lifting and repeating motions, but loggers are also exposed to many types of painful and gruesome accidents. Some have lost fingers or toes due to the heavy equipment used or from falling tree limbs. Injuries and deaths from logging accidents have improved in the last couple of years due to changes in procedures and equipment from unions, but this job still holds the title as one of the most dangerous jobs in terms of injuries and deaths.

Roofers

This might not come as a huge shock to many, as working at high heights can open the door to a whole slew of dangers. While many unions have worked really hard to improve the safety of roofers, this job is still quite susceptible to many variations of work-related injuries. Many accidents include falls from hazardous heights, burns from many of the tars and chemicals used in the roofing process, and equipment-related injuries. The latter two are common, but nowhere near as common as falling. Last May, a roofer in West Lafayette, died on the job from a fall that caused severe head trauma. According to the U.S. Bureau of Labor Statistics, it is estimated that over 75% of all injuries and fatalities related to roofing are caused by falling.

Sanitation Workers

Some people think that the job of a sanitation worker may not pose many risks to their health, but in fact, per every 100,000 workers, there are 33 fatalities each year. This is actually higher than that of policemen and firemen. The main factor causing injuries or fatalities comes from the compacting process of garbage. Often times, people throw away their old or used items, but do not think much of it once they put it on the curb. Sanitation workers can be impaled or struck by items that get crushed or explode in the hopper. Some examples of these injuries can sound like they come straight out of a horror or suspense movie, like wood moldings splinting or bowling balls being thrown into the air. Another devastating injury these workers endure happens from the moving vehicles. Often, workers on the back of the garbage trucks can fall and be hit by nearby vehicles.

Power Linemen

This probably does not come as too much of a shock with the treacherous heights and dependency on heavy machinery. Unlike roofers, the height for power linemen is not so much about falling as it is for simple things like nosebleeds from the elevation, but the big fear with the height stems from weather. Often times, the true stress of their job comes from power outages during storms. So that means dealing with rain, snow, and very rough winds which can result in serious accidents. When weather is not a factor, they are working with incredibly high voltage equipment. This puts power linemen at a serious risk for being electrocuted.

Despite safety procedures, many jobs are still more prone to accidents. These accidents can cause a major financial burden for the victims and their families. It is important to know your rights when it comes to workplace injuries, especially when they result in time off.

If you have been injured due to a workplace injury, contact a worker’s compensation attorney at Stewart & Stewart. Give us a call at 1-800-33-33-LAW or visit our website for more information.