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Glimpsing the future for an amputee: amputees struggle daily to live normal lives, and they face ever-growing medical costs. Give jurors a complete picture of an amputee's future to ensure that they award full and fair compensation.

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Trial lawyers are always looking for simple, memorable ways to etch a case theme into the jurors' minds. A limb amputation case is no exception and should begin in the most elementary way: with a definition of amputation. For that, it would be hard to improve on one written by a 16-year-old boy who lost his leg to cancer at age 11. To him, "amputation" is "[a] word which connotes such extreme traumatic finality, the actual physical loss of a part of one's body, never again to be seen or felt, gone forever." (1)

Using language like this at trial is not intended to engender sympathy but to anchor a theme. An amputation is the ultimate permanent injury, one that will never heal, a part of one's body gone forever. A fair verdict must recognize this finality and compensate accordingly.

Many amputees' stories are full of courage, hard work, and determination. Focus on what your client has accomplished and overcome. Ask the jury to give the plaintiff what he or she needs to live the most normal life possible. Usually, that means taking into full account the future cost of prosthetic care--probably the largest element of economic damages in the case and the part that will be the toughest for the defense to counter. A detailed presentation on the benefits of prosthetic care is essential to fully inform the jury of your client's needs.

The cost of prosthetic devices has soared in the past 10 years and promises to continue rising as new technology emerges. The most significant factor affecting its cost is the level of amputation involved: above the knee (AKA), below the knee (BKA), or at the knee (knee disarticulation). Above-the-knee and knee disarticulation patients have to use an artificial knee joint, typically the most expensive component of a prosthetic leg. Ten years ago, a mechanical hydraulic knee was standard issue. Today, microprocessor knees are the industry standard.

While an above-the-knee prosthetic limb cost $10,000 to $15,000 a decade ago, an AKA leg with a microprocessor knee now costs about $50,000. A relatively new technology, the Power Knee, manufactured by the Iceland-based company Ossur, costs about $120,000 and should be considered by AKA patients who are candidates for it. The Power Knee, its manufacturer claims, allows for more natural movements walking up and down stairs, walking on inclines, and walking on sand or other soft surfaces. (2)

Below-the-knee prosthetic limbs are typically less complicated and less expensive because they do not require a knee joint. However, some are still costly: Microprocessor feet and ankles cost in the range of $25,000.

The first microprocessor knee was the Computer Leg (C-Leg) made by Otto Bock, introduced in the United States in 1999. Other companies soon developed their own microprocessor knees.

This technology has been accepted as standard prosthetic treatment for years. Microprocessor knees have been approved by...

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