Marshall resident files lawsuit over defective knee replacement device

Michelle Keahey, East Texas Bureau Jun. 15, 2012, 9:00am


TYLER - Claiming her knee replacement device was defective and caused her to have additional surgery, a Marshall resident has filed a lawsuit against the device's manufacturers.

Jackie Warnstaff filed suit against Zimmer Inc., Zimmer Holdings Inc. and Zimmer Orthopaedic Surgical Products Inc. on June 13 in the Eastern District of Texas, Tyler Division.

Warnstaff was implanted with a Zimmer NexGen Knee device on her right knee in December 2009 at Good Shepard-Marshall Hospital. Four months later, Warnstaff underwent revision surgery, allegedly due to the defect with the device.

The defendants are accused of strict liability for design defect, failure to warn, and manufacturing defect, negligence, negligent misrepresentation, breach of express and implied warranties, and redhibition.

The plaintiff is asking the court for an award of compensatory damages for economic loss, loss of services, pain and suffering, emotional distress, punitive damages, statutory damages, attorney's fees, interest, and court costs.

Warnstaff is represented by Karen H. Beyea-Schroeder of Fleming, Nolen & Jez in Houston. A jury trial is requested.

Case No. 1:12-cv-00291

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