Lawsuit claims knee replacement device is defective

Michelle Keahey, East Texas Bureau Feb. 6, 2012, 2:18pm

SHERMAN - A Bonham woman has filed a lawsuit against the manufacturers of her knee replacement device for misleading her and her health care provider about the product's safety.

Laquetta Dukes filed suit against Zimmer Inc., Zimmer Holdings Inc., Wilson/Phillips Holdings Inc. also known as Zimmer Wilson Phillips, and Zimmer Orthopaedic Surgical Products Inc. on Feb. 3 in the Eastern District of Texas, Sherman Division.

According to the suit, Dukes was implanted with a Zimmer NexGen Knee on July 14, 2009.

She had a revision surgery to replace the device on Feb. 4, 2010, because of loosening. Loosening occurs when the attachment between the artificial knee and the bone becomes loose, resulting in pain and wearing away of the bone.

In the lawsuit, the defendants are accused of negligence, strict product liability, products liability and breach of express and implied liabilities with the development, design, manufacture, distribution and selling of the Zimmer NexGen total knee replacement system, including the Zimmer NexGen LPS-Flex Gender Solutions femoral component.

Specifically, Dukes accuses the defendants of knowing that the device can loosen in patients and cause personal injury, pain and loss of movement. The only way to remedy the injury is through a subsequent revision surgery or knee replacement, according to the suit.

The defendants are further accused of engaging in deceptive, misleading and unconscionable promotional or sales methods in an effort to convince health care professionals to use the Zimmer NexGen Knee.

The plaintiff is asking for an award of compensatory damages for debilitating injury, economic loss, medical expenses, lost income, permanent instability and loss of balance, immobility, pain and suffering, special damages, triple damages, attorney's fees, interest and court costs.

A jury trial is requested.

Dukes is represented by Brandon Ramsey of Loncar & Associates in Tyler.

Case No. 4:12-cv-00056

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