Cooke County man files product liability lawsuit over hip replacement device

Michelle Keahey, East Texas Bureau Dec. 11, 2012, 9:00am

SHERMAN - Claiming he is suffering from a defective hip replacement device, Windell Dishman filed suit against Biomet Inc., Biomet Orthopedics and Biomet U.S. Reconstruction on Dec. 6 in the Eastern District of Texas, Sherman Division. 

Dishman underwent a right total hip replacement surgery performed at Presbyterian Hospital of Plano on Jan. 3, 2005. After the surgical implantation of the device, Dishman suffered noise and instability, increasing pain, metallosis and loss of range of motion, the suit states.

He underwent two revision surgeries in December 2010 and December 2011.

According to the lawsuit, the implant’s metal ball and socket bearings that make up the hip-joint can generate metal debris over time from wear and tear that can spread throughout the patient’s surrounding bone and tissue.

The defendants are accused of strict products liability, design defect, inadequate warning, breach of express warranty, violation of the Consumer Protection Act, negligence, negligent misrepresentation, breach of implied warranty of merchantability and breach of warranty of fitness.

The plaintiff is seeking an award of damages for compensation for both economic and non-economic losses, including medical expenses, loss of earnings, disfigurement, pain and suffering, mental anguish, emotional distress, punitive damages, exemplary damages, restitution and disgorgement of all revenue, attorney’s fees and court costs and interest.

Dishman is represented by Russell T. Abney of Beasley, Allen, Crow, Methvin, Portis & Miles P.C. in Montgomery, Ala.  A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:12-cv-00757

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