SHERMAN - A Plano man has joined the multi-district litigation against the manufacturers of knee replacement devices, claiming that his device was defective.
Donald Jones filed suit against Zimmer Inc., Zimmer Holdings Inc. and Zimmer Orthopaedic Surgical Products Inc. on Sept. 6 in the Eastern District of Texas, Sherman Division.
Jones was implanted with a Zimmer NexGen Knee device on his right knee on April 17, 2006, at Presbyterian Hospital of Allen. He underwent a revision surgery on Nov. 14, 2011.
The device was allegedly defective due to loosening.
The defendant is accused of strict liability design defect, failure to warn and manufacturing defect, negligence, negligent misrepresentation, express warranty and breach of express and implied warranties.
The plaintiff is asking for an award of compensatory damages for pain and suffering, emotional distress, punitive or exemplary damages, economic loss, attorney’s fees, court costs and interest.
Jones is represented by Douglas C. Monsour in Longview; Joseph A. Osbourne of Babbitt, Johnson, Osborne & Le Clainche P.A. in West Palm Beach, Fla.;, Neil D. Overholtz of Aylstock, Witkin, Kreis & Overholtz PLC in Pensacola, Fla.;, and Peter J. Flowers of Foote, Meyers, Mielke & Flowers in St. Charles, Ill.
A jury trial is requested.
U.S. District Judge Ron Clark is assigned to the case.
The lawsuit will be transferred into the multi-district litigation, MDL 2272.
Case No. 4:12-cv-00577