Smith County resident sues Zimmer over hip replacement device

Michelle Keahey, East Texas Bureau Jan. 7, 2013, 12:26pm

TYLER - Claiming that his hip replacement device was defective, Smith County resident Timothy C. Gill and his wife, Jesse,  filed suit against Zimmer Inc. and Zimmer Holdings Inc. on Jan. 4 in the Eastern District of Texas, Tyler Division. 

According to the suit, Gill had a total right hip arthroplasty and was surgically implanted with the Durom Cup on Feb. 22, 2010. After the surgery, he began to experience pain and discomfort and exhibit symptoms of a loose implant, the lawsuit states. A revision surgery was performed on June 12, 2012.

The defendants are accused of strict liability for failing to warn, products liability for design defect, marketing defect and for manufacturing defect, negligence, negligent misrepresentation, breach of implied warranty, and gross negligence.

Gill is seeking an award of damages for physical pain and suffering, physical impairment, mental anguish, medical expenses, lost earnings capacity, loss of household services, loss of consortium, compensatory damages, punitive damages, interest, attorney’s fees, and court costs.

The plaintiffs are represented by Erin Anderson Nowell and Amy M. Carter of Simon Greenstone Panatier Barlett in Dallas. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 6:13-cv-00011

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