Michelle Keahey, East Texas Bureau Feb. 25, 2013, 9:31pm
TYLER - A Collin County woman who broke her leg playing volleyball is claiming the ankle braces she was wearing were defective and has filed a lawsuit against the brace maker.
Tyler Southern filed suit against Bauerfeind USA, Bauerfeind AG, and Patterson Medical Supply Inc. on Feb. 18 in the Eastern District of Texas, Tyler Division. Daniel Southern is also a plaintiff.
Southern was playing in a volleyball tournament in Collin County on March 6, 2011, and was wearing a set of MalleoLoc ankle braces.
According to the lawsuit, Tyler went up to make a block and came down on her right leg. The fibula and tibia of her right leg broke at or near the location of the ankle brace.
She underwent several surgeries, which included placement of a titanium rod in her leg.
The defendants are accused of strict liability and negligence for failing to properly distribute the loads but rather concentrate the loads upon impact so that proximal human bones might fracture, failing to minimize the stress forces against proximal human bones, failing to properly cushion or absorb the impact forces against proximal human bones and increased the impact the forces against proximal human bones.
Southern is seeking an award of damages medical expenses, mental anguish, emotional distress, physical pain and suffering, physical disfigurement, physical impairment, lost earning capacity, out-of-pocket expenses, court costs and interest.
The plaintiffs are represented by Windle Turley and T. Nguyen of Turley Law Firm in Dallas. A jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 6:13-cv-00159