Let me be completely transparent and honest:
I had talked to Wittenstein even before I got the surgery done. I had in fact an email exchange with the director of Wittenstein (helps that I speak the same language). At the time it was mainly about the question if EMS (electro muscular stimulation) is save with Fitbone.
After analysing the technical specs of the EMS system he said that it was indeed save.
When my fitbone failed, their first suspicion was that I had used the EMS system. However, that systems, had not even arrived here yet!
So I met with two reps from Wittenstein few days after my second operation. We had a nice discussion for around 90 minutes. As they were sales rep, and I am expert on sales and marketing (actually wrote two books in the field) I asked some questions about their clients and marketing strategy and immediatly prepared some marketing advice, part of which they have already implemented.
Then we discussed the savity of Fitbone, and they said "Fitbone" is absolutely save and you case is something that never happened before. They then mentioned that only in case they remembered a Viking like Swede did a high jump and the fitbone broke. But appart from such unreasonable behavior fitbone is totally save.
However, then we talked about compensation, and it seemed that they thought by giving me a free replacement that was enough. However, my arguments of pain, lost work time, and potential future negative consequences, did seem to convince them to consider a compensation.
However, I do think that my writing about compensation in this forum, my letting them know that I was trainer as a German lawyer, and that my father had worked in product liability cases, it seemed to scare them off. Becasue the next mail I got said basically "do not use the EMS device you bought and do not put more than 20 kg on the ftibone, otherwise we cannot take any guarantees!"
Not putting more thna 20 kg on a fitbone pretty much means you can not stand up at all! So I immediatly contact Dr. Monegal, who had given me a recovery program like this:
1. one week hospital in bed
2. stand up as soon as come out of hospital
3. 1 week after hospital you can start walking in between parallel bars
4. shortly after you can start using the bike
5. after taking out your stiches and having wounds healed you can use the pool
6. you can do any exercise that does not put full weight on your bones
7. stand up as much possible but NEVER walk
The doctor confirmed that protocoll. So when I told them about the 20 kg limitation by Wittenstein, he said this was unreasonable and that I should listen to him, which of course I was very happy to do.
The recovery protocoll of Dr. Monegal does not limit you too much, there are so many things you can do even with fitbone implants.
But then I had another call with the marekting rep and with the director of Fitbone. Again they were friendly and appreciative of my marketing advice. But then again, they wanted to tell me that they would not be liable if I put more than 20 kg on one bone, apparently being afraid of any liability suits. So I told them listen: what you are saying is totally different from what Dr. Monegal is saying and it is also different from eveything you told me before (nothing can happen to Fitbone if you use it reasonably and only 0.3% failure rate)!
They finally agreed, that I was allowed to follow the recovery protocol of Dr. Monegal, which I am very happy about.
To summarize: Nice people. Only would have hoped for that they see me as their friend, who wants to help them, and not like a danger and that they trust Dr. Monegal more in his recovery protocol and not seem to be totally focused on limiting their potential liabilities.